{"id":"a-2023-18","name":"Planning Act 2023","slug":"planning-act-2023","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"18 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24056,"registerId":"act-a-2023-18-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Planning Act 2023.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘district—see the Districts Act 2002,\ndictionary.’ means that the term ‘district’ is defined in that dictionary and\nthe definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Chapter 1\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act","content":"6 Application of Act\nThis Act applies only to territory land.\nNote Under the Australian Capital Territory (Planning and Land\nManagement) Act 1988 (Cwlth), an area of land in the ACT is territory\nland unless it is declared to be national land. An area may be declared to\nbe national land if it is, or is intended to be, used by or on behalf of the\n\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Object, principles and","content":"Chapter 2 Object, principles and\nimportant concepts\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Object of Act","content":"7 Object of Act\n(1) The object of this Act is to support and enhance the Territory’s\nliveability and prosperity, protect its natural environment, and\npromote the well-being of residents by creating an effective, efficient,\naccessible and enabling planning system that—\n(a) is outcomes-focussed; and\n(b) promotes and facilitates the achievement of ecologically\nsustainable development; and\n(c) provides a scheme for public participation.\n(2) As part of achieving the object mentioned in subsection (1), the\nplanning system is intended to—\n(a) be based on policies, processes and practices that are easy to\nunderstand; and\n(b) promote certainty of processes and consistent and transparent\napplication of policies while at the same time providing scope\nfor innovation in development proposals; and\n(c) provide a clearly defined hierarchy of planning strategies that\ninform the content of the territory plan; and\n(d) engage with other laws to support the efficient, appropriate and\neffective delivery of other related government policy objectives;\nand\n\n(e) promote high standards for the built environment through an\nemphasis on design quality and universal design for the benefit\nof people with differing needs and capabilities; and\n(f) provide for public participation in relation to the development\nof planning strategies and policies, and development\nassessment.\n(3) The following matters are integral to achieving the object of this Act:\n(a) the ACT’s biodiversity values and its landscape setting,\nincluding—\n(i) the protection and conservation of biodiversity, habitat,\necological processes and natural systems; and\n(ii) the integration of natural, built, cultural and heritage\nelements;\n(b) high-quality, people-focussed and design-led built outcomes\nthat respond and contribute to the distinctive characteristics of\nthe local area, and sense of place;\n(c) the knowledge, culture and tradition of, and cultural and\nspiritual connections held by, the traditional custodians of the\nland;\n(d) planning for population growth and development of the ACT\nwhile protecting those aspects that make the ACT an attractive\nplace in which to live;\n\n(e) a sustainable and climate-resilient environment that is planned,\ndesigned and developed to adapt to climate change, reduce\ngreenhouse gas emissions and achieve a net-zero greenhouse gas\nfuture using integrated mitigation and adaptation best practices\nand considers food and water security.\nNote 1 The territory planning authority must exercise its functions, if relevant,\nin accordance with the object of this Act (see s 18 (3) (a)).\nNote 2 The object of this Act must be considered in developing planning\nstrategies, plans and policies (see s 10 (1)) and the planning strategy must\nbe consistent with the object of this Act (see s 36 (1)).\nThe territory plan must give effect to the planning strategy (see s 47 (b))\nand the Territory, the Executive, a Minister or a territory authority must\nnot do any act, or approve the doing of an act, that is inconsistent with\nthe territory plan (see s 52).\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Key elements of Act","content":"8 Key elements of Act\n(1) This Act provides a planning regime for the ACT consistent with the\nresponsibilities of the Territory under the Australian Capital\nTerritory (Planning and Land Management) Act 1988 (Cwlth).\n(2) The key elements of this Act are as follows:\n(a) the planning strategy—setting out the long-term strategic\ndirection and desired future planning outcomes for the Territory;\n(b) district strategies—setting out the strategic direction and\ndesired future planning outcomes for districts;\n(c) the territory plan—setting out the desired planning outcomes,\nland use zones and development assessment provisions;\n(d) the leasing system—setting out the tenure and use arrangements\nfor land in the ACT;\n\n(e) the development assessment and approval system—setting out\nthe processes for assessing and deciding development\napplications and promoting desired planning outcomes for the\nTerritory by—\n(i) categorising development; and\n(ii) providing the application and assessment requirements for\ndifferent categories of development; and\n(iii) providing a process for making, receiving, assessing and\ndeciding development applications; and\n(iv) establishing rights and responsibilities in relation to\ndevelopment approvals;\n(f) Ministerial powers—to identify priority development proposals\nfor progressing through the development approval system;\n(g) the compliance and enforcement framework—which sets out a\nvariety of offences and enforcement arrangements;\n(h) review processes—for internally and externally reviewing\nadministrative decisions;\n(i) access to information provisions—which outline what\ninformation is available to the public and how it is accessible.\n(3) Subsection (2) is intended only as a guide to readers.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of ecologically sustainable development","content":"9 Meaning of ecologically sustainable development\necologically sustainable development means development involving\nthe effective integration of the following principles:\n(a) the protection and enhancement of ecological processes and\nnatural systems at local, territory and broader landscape levels;\n(b) the achievement of economic prosperity;\n\n(c) the maintenance and enhancement of cultural, physical and\nsocial wellbeing of people and communities;\n(d) the precautionary principle;\n(e) the inter-generational equity principle.\nachievement of economic prosperity includes achieving a diverse,\nefficient, resilient and strong territory economy that allows\ncommunities to meet their needs without compromising the ability of\nfuture generations to meet their needs.\nmaintenance and enhancement of cultural, physical and social\nwellbeing of people and communities includes—\n(a) creating and maintaining well-serviced, healthy, prosperous,\nliveable and resilient communities with affordable, efficient,\nsafe and sustainable development; and\n(b) conserving or enhancing places of special aesthetic,\narchitectural, cultural, heritage, historic, scientific, social or\nspiritual significance; and\n(c) providing for integrated networks of pleasant and safe public\nareas for aesthetic enjoyment and cultural, recreational or social\ninteraction; and\n(d) accounting for the potential adverse impacts of development on\nclimate change, and seeking to address the impacts through\nsustainable development and design.\nprotection and enhancement of ecological processes and natural\nsystems includes—\n(a) conserving, enhancing or restoring the life-supporting capacities\nof air, ecosystems, soil and water for present and future\ngenerations; and\n(b) conserving biological diversity and ecological integrity; and\n\n(c) appropriately valuing and pricing environmental resources.\nthe inter-generational equity principle means that the present\ngeneration should ensure that the health, diversity and productivity of\nthe environment is maintained or enhanced for the benefit of future\ngenerations.\nthe precautionary principle means that, if there is a threat of serious\nor irreversible environmental damage, a lack of full scientific\ncertainty should not be used as a reason for postponing measures to\nprevent environmental degradation.\n\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Principles of good planning","content":"10 Principles of good planning\n(1) To achieve good planning outcomes, a person must consider the\nobject of this Act and the following principles (the principles of good\nplanning) in developing planning strategies, plans and policies:\n(a) activation and liveability principles;\n(b) cultural heritage conservation principles;\n(c) high-quality design principles;\n(d) housing affordability principles;\n(e) integrated delivery principles;\n(f) investment facilitation principles;\n(g) long-term focus principles;\n(h) natural environment conservation principles;\n(i) sustainability and resilience principles;\n(j) urban regeneration principles.\n(2) In this Act:\nactivation and liveability principles means the following:\n(a) planning and design should support diverse economic and social\nactivities, including through promoting different but compatible\nuses for buildings and other areas;\n(b) urban areas should include a range of high-quality housing\noptions with an emphasis on living affordability;\n(c) urban areas should be designed to promote active travel and\nconvenient and efficient use of public transport;\n\n(d) districts should be planned, designed and developed to support\nactive and healthy lifestyles and to cater for a diverse range of\ncultural and social activities;\n(e) policies should support and enhance the quality of life and\nwellbeing of residents.\ncultural heritage conservation principles means the following:\n(a) planning and design should promote the unique cultural heritage\nof the ACT by acknowledging established heritage significance\nin design and placemaking;\n(b) development should—\n(i) respect local heritage; and\n(ii) avoid direct impacts on heritage or, if a direct impact is\nunavoidable, ensure that the impact is justifiable and\nproportionate.\nhigh-quality design principles means the following:\n(a) development should be focussed on people and designed to—\n(i) reflect local setting and context; and\n(ii) have a distinctive identity that responds to the existing\ncharacter of its locality; and\n(iii) effectively integrate built form, infrastructure and public\nspaces; and\n(iv) provide appropriate solar access;\n(b) public spaces should be designed to be used, appropriately\nlandscaped and vegetated, and should be designed to contribute\nto the urban forest;\n\n(c) built form and public spaces should be designed to be inclusive\nand accessible to people with differing needs and capabilities,\nincluding through the serious consideration of universal design\npractices;\n(d) developments should be planned and designed to be\nwell-connected and integrated with surrounding development in\nways that facilitate the safe, secure and effective movement of\npeople within and through them.\nhousing affordability principles means the following:\n(a) planning strategies, plans and policies should support the\ndelivery of reforms that improve housing access, affordability\nand choice;\n(b) planning strategies, plans and policies should support more\nhousing options for people who have a low income;\n(c) planning strategies, plans and policies should ensure affordable\nhousing is close to essential services, amenities and affordable\ntransport options, including public and active transport.\nintegrated delivery principles means the following:\n(a) policies relating to planning, including those arising outside the\nplanning system, should be coordinated to efficiently and\neffectively achieve planning outcomes;\n(b) planning, design and development should promote integrated\ntransport connections and equitable access to services and\namenities;\n(c) infrastructure, public spaces and facilities should be planned to\nmeet future needs and designed to be integrated with related\ndevelopment;\n(d) built form should be durable, designed to be adaptive (including\nin relation to the reuse of buildings or parts of buildings) and\ncompatible with surrounding public spaces.\n\ninvestment facilitation principles means the following:\n(a) planning and design should be undertaken with a view to\nstrengthening the economic prosperity of the Territory and\ncontributing to diversification of the economy, economic\nsecurity and growth;\n(b) planning outcomes should be achieved by facilitating\ncoordinated approaches that promote public and private\ninvestment towards common goals.\nlong-term focus principles means the following:\n(a) policy frameworks should be based around long-term priorities,\nbe ecologically sound, and seek to promote equity between\npresent and future generations;\n(b) policy frameworks should be able to respond to emerging\nchallenges and cumulative impacts identified by monitoring,\nbenchmarking and evaluation programs.\nnatural environment conservation principles means the following:\n(a) planning and design should promote healthy and resilient\necosystems by—\n(i) avoiding or minimising loss of habitat and other key\nthreatening processes for biodiversity; and\n(ii) considering cumulative and incremental environmental\nimpacts;\n(b) planning outcomes should support the operation of\nenvironmental laws applying in the ACT;\n(c) policies, planning and design should integrate and promote—\n(i) nature-based solutions to climate change and water\nsecurity; and\n\n(ii) the valuation and maintenance of the ecosystem services\nand amenity provided by a healthy natural environment;\n(d) biodiversity connectivity and habitat values should be integrated\nacross urban areas, including through appropriate planning for,\nand landscaping of, urban open space and travel corridors.\nsustainability and resilience principles means the following:\n(a) places should be planned, designed and developed to be\nsustainable and resilient;\n(b) effort should be focussed on adapting to the effects of climate\nchange, including through mitigating the effects of urban heat,\nmanaging water supplies and achieving energy efficient urban\nenvironments;\n(c) policies and practices should promote the use, reuse and renewal\nof sustainable resources, and minimise use of resources.\nurban regeneration principles means the following:\n(a) growth should be mostly within the existing urban footprint, or\nin areas close to the existing urban footprint, while maintaining\nenvironmental values;\n(b) urban regeneration should seek to make the best use (as\nappropriate) of underlying or latent potential associated with\nland, buildings and infrastructure.\nkey threatening process—see the Nature Conservation Act 2014,\nsection 74.\n\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Principles of good consultation","content":"11 Principles of good consultation\n(1) In undertaking consultation under this Act, a person must consider\nthat consultation should be accessible, balanced, inclusive,\nmeaningful, resourced, respectful, timely, transparent and\nunderstandable (principles of good consultation).\n(2) In this section—\n(a) consultation is accessible if information provided as part of the\nconsultation, and processes for consultation, are easy to access\nand are presented in a variety of ways to accommodate different\nstakeholders; and\n(b) consultation is balanced if—\n(i) it is undertaken in a way that facilitates and encourages\nconstructive responses from a wide range of stakeholders;\nand\n(ii) community views are considered together with the views\nof other stakeholders; and\n(c) consultation is inclusive if it is undertaken in a way that—\n(i) engages all stakeholders directly affected by the subject of\nthe consultation; and\n(ii) aims to engage all other stakeholders affected by the\nsubject of the consultation; and\n(d) consultation is meaningful if—\n(i) information provided as part of the consultation is adequate\nand well-informed to ensure all stakeholders understand\nthe subject of, and issues relating to, the consultation and\ncan give informed responses; and\n(ii) it genuinely seeks community feedback; and\n(iii) community views are genuinely considered and\nincorporated into final decisions; and\n\n(e) consultation is resourced if the processes are appropriately\nsupported, taking into account the significance, complexity and\nlikely impact of the subject of the consultation; and\n(f) consultation is respectful if it is collaborative, genuine and\ncourteous towards all views expressed; and\n(g) consultation is timely if—\n(i) it is undertaken early and at other appropriate times in the\nplanning process; and\n(ii) it is undertaken in a way that considers the needs of\nstakeholders and facilitates participation; and\nconsultation is undertaken in a way that considers holiday periods or\nother ACT Government consultations\n(iii) it allows sufficient time for stakeholders to engage with\nother members of their group or organisation to form a\ncollective decision; and\n(iv) for a development application for a significant\ndevelopment—it is undertaken as early as possible; and\n(h) consultation is transparent if—\n(i) information provided as part of the consultation and\nprocesses for consultation are clear and observable; and\n(ii) planning decisions are made openly; and\n(iii) government and proponents provide reasons for decisions,\nincluding how community views have been taken into\naccount; and\n\n(i) information provided as part of consultation is understandable\nif—\n(i) it is clear about the overall objective of the consultation,\nthe specific issues on which stakeholders are being\nconsulted and what is not open to consultation or change;\nand\n(ii) it is accurate, written in plain language and presented\nclearly.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Good consultation guidelines","content":"12 Good consultation guidelines\n(1) The Minister must make guidelines about principles of good\nconsultation and how the principles are to be implemented.\n(2) A person required to undertake consultation under this Act must take\nthe guidelines into consideration when undertaking the consultation.\n(3) A guideline is a notifiable instrument.\n(4) The Minister must, at least once every 5 years, decide whether the\nguidelines about principles of good consultation should be reviewed,\ntaking into account whether the principles continue to reflect best\npractice.\n(5) The territory planning authority must publish on the authority website\nnotice of the decision under subsection (4).\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Consultation in accordance with Act taken to meet","content":"13 Consultation in accordance with Act taken to meet\nprinciples of good consultation\nConsultation for an amendment of the territory plan or a development\napplication is taken to meet the principles of good consultation if it is\nundertaken in accordance with the consultation requirements that\napply to the amendment or application under this Act.\n\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of development and exempt development","content":"14 Meaning of development and exempt development\ndevelopment, in relation to land, means the following:\n(a) building, altering or demolishing a building or other structure on\n(b) undertaking earthworks or other construction work on or under\n(c) undertaking work that would affect the landscape of the land;\n(d) using the land, or a building or other structure on the land;\n(e) subdividing or consolidating the land;\n(f) varying a lease relating to the land (other than a variation that\nreduces the rent payable to a nominal rent);\n(g) putting up, attaching or displaying a sign or advertising material\nother than in accordance with—\n(i) a licence issued under this Act; or\n(ii) a sign approval under the Public Unleased Land Act 2013,\nsection 25 (Approval to place sign on public unleased\nland); or\nLand Act 2013, part 3.\nexempt development—see section 145.\nconsolidation—see section 256 (Definitions—ch 10).\n\nImportant concepts Part 2.3\nsubdivision—\n(a) includes the following:\n(i) the surrender of 1 or more leases held by the same lessee,\nand the grant of new leases to the lessee to subdivide the\nparcels of land in the surrendered leases;\n(ii) the subdivision of land under the Unit Titles Act 2001;\n(iii) the subdivision of land in future urban areas; but\n(b) does not include a sublease.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of use","content":"15 Meaning of use\nuse, of land, or of a building or other structure on land, means any of\n(a) begin a new use of the land, building or other structure;\n(b) continue a use of the land, building or other structure;\nNote Development approval is not required for continuing use lawfully\ncommenced (see s 405 and s 408).\n(c) change a use of the land, building or other structure, whether by\nadding a use, stopping a use and substituting another use or\notherwise.\n\n","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Territory planning authority","content":"Chapter 3 Territory planning authority\nand chief planner\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Establishment of authority","content":"16 Establishment of authority\n(1) The Territory Planning Authority is established.\n(2) The territory planning authority is a corporation.\n(3) The chief planner is the territory planning authority.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Authority represents the Territory","content":"17 Authority represents the Territory\n(1) Anything done in the name of, or for, the territory planning authority\nor the chief planner in exercising a function of the authority is taken\nto have been done for, and binds, the Territory.\n(2) The territory planning authority has the same status, privileges and\nimmunities as the Territory so far as it represents the Territory.\n\nFunctions of territory planning authority Part 3.2\nPart 3.2 Functions of territory planning\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Authority functions","content":"18 Authority functions\n(1) The territory planning authority has the following functions:\n(a) to prepare and administer the territory plan;\n(b) to continually review the territory plan, propose amendments\nand consider amendments initiated by proponents and the\nMinister, as necessary;\n(c) to plan and regulate the development of land;\n(d) to advise on planning and land policy, including the broad\nspatial planning framework for the ACT and the achievement of\ndesired future planning outcomes;\n(e) to promote and implement the planning strategy and district\nstrategies;\n(f) to promote high-quality design and good planning outcomes;\n(g) to maintain the digital cadastral database under the Districts\nAct 2002;\n(h) to make available land information;\n(i) to grant, administer, vary and end leases on behalf of the\nExecutive;\n(j) to grant licences over unleased land;\n(k) to decide applications for approval to undertake development;\n(l) to make controlled activity orders under part 12.3 (Controlled\nactivity orders) and take other compliance and enforcement\naction under this Act and other territory laws;\n(m) to provide planning services, including services to entities\noutside the ACT;\n\nPart 3.2 Functions of territory planning authority\n(n) to review its own decisions and participate in external review\nprocesses;\n(o) to provide opportunities for participation in planning and\ndecision-making processes;\n(p) to promote public education about, and understanding of, the\nplanning system, including by providing easily accessible public\ninformation and documentation on planning and land use.\n(2) The territory planning authority may exercise any other function\ngiven to the authority under this Act, another territory law or a\nCommonwealth law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196).\n(3) The territory planning authority must exercise its functions, if\nrelevant—\n(a) in accordance with the object of this Act; and\n(b) taking into account the principles of good planning; and\n(c) taking into consideration the statement of planning priorities\nmade by the Minister.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Authority to comply with directions","content":"19 Authority to comply with directions\nThe territory planning authority must comply with any directions\ngiven to the authority under this Act or another territory law.\n\nOperations of territory planning authority Part 3.3\nPart 3.3 Operations of territory planning\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Ministerial directions to authority","content":"20 Ministerial directions to authority\n(1) The Minister may give a written direction to the territory planning\n(a) about the general policies the authority must follow; or\n(b) requiring the authority to prepare an amendment of the territory\nplan or review the plan.\nNote If s 64 or s 69 applies to a draft major plan amendment, the Minister may\nnot do anything under par (b) that would be inconsistent with the territory\nplan if it were amended in accordance with the major plan amendment.\n(2) Before giving a direction, the Minister must—\n(a) tell the territory planning authority about the proposed direction;\nand\n(b) give the authority a reasonable opportunity to comment on the\nproposed direction; and\n(c) consider any comment made by the authority.\n(3) A direction is a notifiable instrument.\n(4) A direction must be published on the authority website.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Assembly may recommend directions to authority","content":"21 Assembly may recommend directions to authority\n(1) The Legislative Assembly may, by resolution, recommend that the\nMinister give the territory planning authority a stated direction under\nsection 20.\n(2) The Minister must consider the recommended direction and either—\n(a) direct the territory planning authority under section 20; or\n\nPart 3.3 Operations of territory planning authority\n(b) tell the Legislative Assembly that the Minister does not propose\nto direct the authority as recommended and give reasons for the\ndecision.\n(3) A direction mentioned in subsection (2) (a) may be in accordance\nwith the Legislative Assembly’s resolution or as amended by the\nMinister.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Provision of planning services to others—Ministerial","content":"22 Provision of planning services to others—Ministerial\nThe territory planning authority may provide planning services to\nsomebody other than the Territory only with the Minister’s written\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Reports by authority to Minister","content":"23 Reports by authority to Minister\n(1) The territory planning authority must give the Minister a report, or\ninformation about its operations, required by the Minister.\n(2) The report must be prepared in the form (if any) that the Minister\nrequires.\n(3) This section is in addition to any other provision about the giving of\nreports or information by the territory planning authority.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Authority’s role in cohesive urban renewal and suburban","content":"24 Authority’s role in cohesive urban renewal and suburban\nland development\nThe territory planning authority must work with the city renewal\nauthority and suburban land agency to encourage cohesive planning\nand development of land.\n\nOperations of territory planning authority Part 3.3\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Delegation by authority","content":"25 Delegation by authority\n(1) The territory planning authority may delegate—\n(a) the authority’s functions under this Act or another territory law\nto a public servant or a member of the authority’s staff; and\n(b) the authority’s functions under part 10.13 (Licences for unleased\nland) in relation to an area of land to the custodian of the land.\n(2) The territory planning authority may also delegate the function of\ngranting leases on behalf of the Executive to the following:\n(a) the city renewal authority;\n(b) the suburban land agency.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Appointment of chief planner","content":"26 Appointment of chief planner\n(1) The Executive must appoint a person as the Chief Planner.\n(2) The Executive must not appoint a person as the chief planner unless\nsatisfied that the person—\n(a) has the management and planning experience and expertise to\nexercise the functions of the chief planner; and\n(i) has qualifications that are appropriate to exercise the\nfunctions of the chief planner; or\n(ii) is eligible to be registered with a representative body.\n(3) An appointment must be for a term of not longer than 5 years.\n(4) An appointment is a notifiable instrument.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\nrepresentative body means an entity that has as a main purpose the\npromotion of the interests of professionals with qualifications that are\nappropriate to exercise the functions of the chief planner.\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Chief planner’s conditions of appointment","content":"27 Chief planner’s conditions of appointment\nThe chief planner’s conditions of appointment are the conditions\nagreed between the Executive and the chief planner, subject to any\ndetermination under the Remuneration Tribunal Act 1995.\n\nChief planner Part 3.4\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Chief planner must avoid conflict of interest","content":"28 Chief planner must avoid conflict of interest\nIf the chief planner has a financial or other personal interest that\nconflicts or may conflict, or may be perceived to conflict, with the\nfunctions of the chief planner or the territory planning authority, the\nchief planner must disclose, in writing, the nature of the interest and\nthe conflict or potential conflict to the Executive.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Chief planner must not do inconsistent work etc","content":"29 Chief planner must not do inconsistent work etc\nThe chief planner must not engage in—\n(a) any other paid activity without the Minister’s written approval;\nor\n(b) any unpaid activity that is inconsistent with the functions of the\nchief planner or the territory planning authority.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Functions of chief planner","content":"30 Functions of chief planner\nThe chief planner may exercise the functions given to the chief\nplanner under this Act or another territory law.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Suspending chief planner’s appointment","content":"31 Suspending chief planner’s appointment\n(1) The Executive may suspend the chief planner—\n(a) for misbehaviour; or\n(b) for physical or mental incapacity, if the incapacity affects the\nexercise of the chief planner’s functions; or\n(c) for failing, without reasonable excuse, to comply with\nsection 28 (Chief planner must avoid conflict of interest); or\n(d) for failing, without reasonable excuse, to comply with\nsection 29 (Chief planner must not do inconsistent work etc); or\n(e) if the chief planner is absent, without approval or reasonable\nexcuse, for 14 consecutive days or for 28 days in any 12-month\nperiod; or\n\n(f) if the chief planner is convicted, or found guilty, in Australia of\nan offence punishable by imprisonment for at least 1 year; or\n(g) if the chief planner is convicted, or found guilty, outside\nAustralia of an offence that, if it had been committed in the\nACT, would be punishable by imprisonment for at least 1 year.\n(2) If the Executive suspends the chief planner, the Executive must give\nthe chief planner written notice of the suspension and a copy of the\nstatement of reasons for the suspension.\nNote For what must be included in a statement of reasons, see the Legislation\nAct, s 179.\n(3) The suspension takes effect when the notice and statement are given\nto the chief planner under subsection (2).\n(4) The Executive must present to the Legislative Assembly the\nstatement of reasons for the suspension not later than the first sitting\nday after the day the chief planner is suspended.\n(5) The Legislative Assembly may, not later than 6 sitting days after the\nday the statement is presented to the Assembly, make a resolution\nrequiring the Executive to end the chief planner’s appointment.\n(6) The chief planner’s suspension ends—\n(a) if the Executive does not comply with subsection (4)—at the end\nof the day the Executive should have presented to the Legislative\nAssembly the statement mentioned in that subsection; or\n(b) if the Assembly does not pass a resolution mentioned in\nsubsection (5) before the end of the 6 sitting days—at the end of\nthe 6th sitting day.\n(7) The chief planner is entitled to be paid salary and allowances while\nsuspended.\n\nChief planner Part 3.4\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Ending chief planner’s appointment","content":"32 Ending chief planner’s appointment\nThe Executive must end the chief planner’s appointment if—\n(a) the Legislative Assembly passes a resolution under\nsection 31 (5); or\n(b) the chief planner becomes bankrupt or personally insolvent.\n\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Authority’s staff","content":"33 Authority’s staff\n(1) The chief planner may employ staff for the territory planning\nauthority on behalf of the Territory.\n(2) The territory planning authority staff must be employed under the\nPublic Sector Management Act 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the chief\nplanner in relation to the employment of staff (see that Act, s 152).\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Arrangements for staff","content":"34 Arrangements for staff\nThe chief planner may arrange with the head of service to use the\nservices of a public servant.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Authority consultants","content":"35 Authority consultants\n(1) The territory planning authority may engage consultants.\n(2) However, the territory planning authority must not enter into a\ncontract of employment with a consultant.\n(3) The conditions of a consultant’s engagement are the conditions\nagreed between the chief planner and the consultant.\n\n","sortOrder":35},{"sectionNumber":"Part 4","sectionType":"part","heading":"1 Strategic and spatial planning—","content":"Part 4.1 Strategic and spatial planning—\ngeneral\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Planning strategy","content":"36 Planning strategy\n(1) The Executive must make a strategy for the ACT (the planning\nstrategy), consistent with the object of this Act, stating—\n(a) the long-term planning policy and goals for the ACT; and\n(b) an overarching spatial vision; and\n(c) strategic directions and desired future planning outcomes.\nNote In making the planning strategy, the Executive must consider the\nprinciples of good planning (see s 10).\n(2) The planning strategy may include other government strategies and\npolicies if appropriate.\n(3) The Executive must undertake public consultation before making the\nplanning strategy.\nNote In undertaking consultation under this Act, the Executive must consider\nthe principles of good consultation (see s 11).\n(4) The planning strategy is a notifiable instrument.\n(5) The planning strategy must be published on the authority website.\n\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Consideration of planning strategy","content":"37 Consideration of planning strategy\n(1) The planning strategy must be considered by—\n(a) the territory planning authority under the following provisions:\n(i) section 58 (Proponent-initiated amendment—\nconsideration of application);\n(ii) section 85 (3) (Making minor plan amendments);\n(iii) section 91 (2) (a) (Review of territory plan); and\n(b) the Minister under the following provisions:\n(i) section 42 (1) (Statement of planning priorities);\n(ii) section 70 (3) (a) (Certain draft major plan amendments\ngiven to Minister under s 67—action by Minister);\n(iii) section 75 (3) (c) (Minister’s powers in relation to draft\nmajor plan amendments);\n(iv) section 90 (2) (a) (v) (Consideration of whether review of\nterritory plan necessary); and\n(c) the Executive under section 41.\n(2) The planning strategy is not a relevant consideration for any other\ndecision under this Act by the territory planning authority, the\nMinister or another entity under any of the following chapters:\n(a) chapter 6 (Significant development);\n(b) chapter 7 (Development assessment and approvals);\n(c) chapter 8 (Territory priority projects).\n\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"District strategy","content":"38 District strategy\n(1) The Executive may make a plan for a district (a district strategy) that\nstates the long-term planning policy and goals for the district,\nconsistent with the planning strategy.\nNote In making a district strategy, the Executive must consider the principles\nof good planning (see s 10).\n(2) A district strategy may—\n(a) include strategies, spatial policies and desired future planning\noutcomes for the district to guide and manage change in the\ndistrict; and\n(b) set out principles and policies for development of areas within\nthe district, including future urban areas; and\n(c) identify areas within the district for future detailed planning; and\nNote Detailed planning may be done through a planning and response\nreport.\n(d) include other government strategies and policies applying to the\ndistrict if appropriate.\n(3) The Executive must undertake public consultation before making a\ndistrict strategy.\nNote In undertaking consultation under this Act, the Executive must consider\nthe principles of good consultation (see s 11).\n(4) A district strategy is a notifiable instrument.\n(5) A district strategy must be published on the authority website.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Planning and response report","content":"39 Planning and response report\n(1) The territory planning authority may propose amendments to a\ndistrict strategy in a detailed report for the district or part of the\ndistrict (a planning and response report).\nNote If related amendments to the territory plan are needed, the authority may\nbe required to prepare a supporting report under s 61 (1).\n\n(2) A planning and response report may also be prepared by a prescribed\nentity for the territory planning authority’s approval.\n(3) The entity preparing a planning and response report must undertake\nconsultation on the substance of the report.\n(4) A regulation may prescribe additional requirements for preparing a\nplanning and response report.\nExamples—additional requirements\n1 requirements for planning and response reports generally, including structure\nand content requirements\n2 requirements for planning and response reports at different spatial scales\n3 requirements for who may prepare planning and response reports at different\nspatial scales\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Amendment of district strategy","content":"40 Amendment of district strategy\nThe Minister may amend a district strategy by approving an\namendment proposed in a planning and response report if satisfied\n(a) there has been sufficient public consultation on the proposed\n(b) the amendment is consistent with the planning strategy.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Review of planning and district strategies","content":"41 Review of planning and district strategies\n(1) The Executive must, at least once every 5 years after making the\nplanning strategy or a district strategy, consider whether the strategy\nshould be reviewed.\n(2) In deciding whether the strategy should be reviewed, the Executive\nmust consider whether the strategy continues to reflect the long-term\nplanning policy and goals for the ACT.\n\n(3) After the Executive considers whether the strategy should be\nreviewed, the Minister must prepare a notice stating—\n(a) that the Executive has considered whether the strategy should be\nreviewed; and\n(b) the Executive’s decision on whether the strategy should be\nreviewed; and\n(c) the date of the Executive’s decision; and\n(d) if the Executive decides that the strategy should be reviewed—\nthe scope of the review.\n(4) A notice under subsection (3) is a notifiable instrument.\n(5) If the Executive decides that the strategy should be reviewed, the\nExecutive must arrange the review.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Statement of planning priorities","content":"42 Statement of planning priorities\n(1) The Minister may give the territory planning authority a written\nstatement that sets out the priorities arising from the planning strategy\n(the statement of planning priorities).\n(2) The statement of planning priorities must identify the actions to be\ntaken in the short to medium term to achieve the planning priorities.\n(3) To remove any doubt, the statement of planning priorities does not\nauthorise a person to whom section 52 (Effect of territory plan)\napplies to do anything inconsistent with the territory plan.\nThe statement of planning priorities may include policy material inconsistent with\nthe territory plan, but the plan would have to be amended before the policy could\nbe implemented.\n(4) The statement of planning priorities is a notifiable instrument.\n(5) The statement of planning priorities must be published on the\n\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Subdivision design applications","content":"43 Subdivision design applications\n(1) A development application for a subdivision development proposal\n(a subdivision design application)—\n(a) must include a detailed plan for the proposal that is consistent\nwith the territory plan; and\n(b) must identify—\n(i) the boundaries of the subdivision and individual blocks\nwithin the subdivision; and\n(ii) if the subdivision is in a future urban area—the existing\nand proposed land use zones identified in the territory plan\nfor the area; and\n(iii) if the subdivision is not in a future urban area—the existing\nland use zones in the subdivision.\nNote 1 A subdivision design application must also be accompanied\nby information and documents sufficient to address each\nprovision of the territory plan relevant to the proposed development (see\ns 166 (2) (c) (i)).\nNote 2 A proponent may be required to prepare a subdivision design application\nat the district or division scale, or at spatial scales within the district scale\n(eg an area within a division proposed for redevelopment and land use\nchange, such as a town centre, or group centre).\n(2) A subdivision design application may include any matter prescribed\nby regulation.\nsubdivision development proposal—\n(a) means a development proposal—\n(i) to create or consolidate blocks; or\n\nSubdivision design applications Part 4.2\n(ii) to create or remove roads; or\n(iii) involving land use zone, design and construction\nrequirements for future development on the land the\nsubject of the application; but\n(b) does not include a development proposal that is limited to\nchanging a block boundary or subdividing land under the Unit\nTitles Act 2001.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Effect of approval of subdivision design application","content":"44 Effect of approval of subdivision design application\n(1) The territory planning authority must, within a reasonable\ntime after approving a subdivision design application under\nsection 185 (Deciding development applications), amend the territory\nplan under section 85 (Making minor plan amendments)—\n(a) if the land the subject of the application is in a future urban\narea—to identify the land use zones that will apply to the land,\nconsistent with the application; and\n(b) to incorporate any provision that—\n(i) was included in the application under section 43 (2); and\n(ii) the authority determined should be incorporated in the\nterritory plan; and\n(c) to incorporate any ongoing provision that—\n(i) was not included in the application under section 43 (2);\nand\n(ii) the authority determined should be incorporated in the\n(2) If the territory plan is amended under subsection (1) and the land the\nsubject of the subdivision design application is in a future urban area,\nthe land ceases to be in a future urban area.\n\nPart 5.1 Establishment, object, key components and effect\nPart 5.1 Establishment, object, key\ncomponents and effect\n45 Territory plan\n(1) There must be a territory plan that applies to the ACT.\nNote The territory plan can be amended (see pt 5.2 and pt 5.3).\n(2) The territory plan is a notifiable instrument.\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Object of territory plan","content":"46 Object of territory plan\nThe object of the territory plan is to ensure, in a manner not\ninconsistent with the national capital plan, that the planning and\ndevelopment of the ACT provides the people of the ACT with an\nattractive, safe and efficient environment in which to live, work and\nhave their recreation.\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Territory plan to give effect to strategic planning","content":"47 Territory plan to give effect to strategic planning\noutcomes\nThe territory plan—\n(a) must promote the principles of good planning; and\n(b) must give effect to the planning strategy and district strategies;\nand\nNote The object of this Act must be considered in developing planning\nstrategies, plans and policies (see s 10 (1)) and the planning\nstrategy must be consistent with the object of this Act (see s 36 (1)).\n(c) must take into account and may give effect to relevant outcomes\nrelated to planning contained in other government strategies and\npolicies.\n\nEstablishment, object, key components and effect Part 5.1\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Contents of territory plan","content":"48 Contents of territory plan\n(1) The territory plan must—\n(a) include a map that identifies districts and designates land use\nzones; and\n(b) set out the planning principles and policies for giving effect to\nthe object of the plan, including—\n(i) the policy outcomes to be achieved by the plan; and\n(ii) requirements and outcomes against which development\nproposals are assessed; and\n(iii) provisions that support compliance with requirements for\nundertaking development.\n(2) The territory plan may include anything else relevant to the object of\nthe territory plan.\n(3) The territory plan may apply, adopt or incorporate—\n(a) a law of another jurisdiction; or\n(b) an instrument as in force from time to time, unless the territory\nplan provides otherwise.\n(4) The Legislation Act, section 47 (6) does not apply to an instrument\napplied, adopted or incorporated under subsection (3).\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Format of territory plan and supporting material","content":"49 Format of territory plan and supporting material\n(1) In preparing the territory plan, the territory planning authority must\nendeavour to make the territory plan, and any amendments of the\nplan, easy for users of the plan to read and understand.\n\n","sortOrder":49},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 Establishment, object, key components and effect","content":"Part 5.1 Establishment, object, key components and effect\n(2) The territory plan may be supported by background material, guides,\nadvisory notes or anything else (the supporting material) that the\nterritory planning authority considers will help readers to understand\nand apply the territory plan.\n(3) The supporting material must be published on the authority website.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Design guides","content":"50 Design guides\n(1) The Minister may prepare design guidance for development\nproposals (a design guide) to support the territory plan.\n(2) A design guide is a notifiable instrument.\n(3) A design guide must be published on the authority website.\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Technical specifications","content":"51 Technical specifications\n(1) The chief planner may make technical specifications to support\ndesign guides and the territory plan.\n(2) Technical specifications are a notifiable instrument.\n(3) Technical specifications must be published on the authority website.\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Effect of territory plan","content":"52 Effect of territory plan\nThe Territory, the Executive, a Minister or a territory authority must\nnot do any act, or approve the doing of an act, that is inconsistent with\nthe territory plan.\nNote The territory plan has no effect to the extent that it is inconsistent with\nthe national capital plan (see Australian Capital Territory (Planning and\nLand Management) Act 1988 (Cwlth), s 26).\n\nPreliminary Division 5.2.1\nPart 5.2 Territory plan—major plan\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Outline of major plan amendment process","content":"53 Outline of major plan amendment process\n(1) A major plan amendment starts when the territory planning authority\nprepares a draft major plan amendment—\n(a) on application by an interested person (see s 57 (1)); or\n(b) on the authority’s own initiative (see s 60 ); or\n(c) in accordance with a direction by the Minister under section 20\n(see s 60 (2)).\n(2) After preparing a draft major plan amendment, the territory planning\nauthority must prepare a consultation notice (see s 63) that invites\ncomments on the draft amendment and, when published on the\nauthority website, may give the draft amendment interim effect\n(see s 64).\n(3) The territory planning authority—\n(a) may revise or withdraw a draft major plan amendment after the\nend of consultation (see s 66); and\n(b) unless the draft major plan amendment is withdrawn, must give\nthe draft amendment to the Minister for approval (see s 67).\n(4) If the territory planning authority gives a draft major plan amendment\nto the Minister for approval, the territory planning authority must\nprepare a public availability notice (see s 68) that states that the draft\namendment is available for public inspection and, when published on\nthe authority website, may give the draft amendment interim effect\n(see s 69).\n\n(5) After receiving a draft major plan amendment, the Minister may do\nany of the following (see s 70):\n(a) refer the draft amendment to the relevant Assembly committee\nfor a report on the draft amendment;\n(b) withdraw the draft amendment;\n(c) give the draft amendment to the territory planning authority for\nfurther consultation or revision.\n(6) After approving a draft major plan amendment, the Minister must\npresent the amendment to the Legislative Assembly (see s 77) and the\nAssembly may completely or partly reject the amendment (see s 78).\n(7) A major plan amendment commences on the day fixed by the\nMinister (see s 80 and s 81 (5) (a)).\n(8) This section is intended only as a guide to readers.\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Application—pt 5.2","content":"54 Application—pt 5.2\n(1) This part does not apply to amendments of the territory plan that are\nminor plan amendments under part 5.3.\nminor plan amendment—see section 84.\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Definitions—pt 5.2","content":"55 Definitions—pt 5.2\nbackground papers, in relation to a draft major plan amendment or\nmajor plan amendment—each of the following is a background\npaper in relation to the proposed amendment:\n(a) a copy of each of the following documents:\n(i) any relevant direction of the Minister under section 20;\n\nPreliminary Division 5.2.1\n(ii) any comment received during consultation under\nsection 63 (1) (c) (Public consultation—notification and\navailability of draft major plan amendments etc);\n(iii) any relevant supporting report for the proposed\namendment;\n(b) a statement, by the territory planning authority, of the reasons\nfor any inconsistency between the draft plan and any of the\n(i) a direction mentioned in paragraph (a) (i);\n(ii) a recommendation in a supporting report for the proposed\namendment;\n(c) any other document—\n(i) considered by the authority to be necessary or useful in\nexplaining the proposed amendment; or\n(ii) designated by the authority, in writing, as a background\npaper.\nconsultation comments, in relation to a draft major plan\namendment—see section 63 (1) (c) (i).\nconsultation notice, for a draft major plan amendment—see\nsection 63 (1) (c).\nconsultation period means a stated period of at least 30 working days.\ncorresponding major plan amendment, for a draft major plan\namendment, means the major plan amendment developed from the\ndraft major plan amendment.\n\ndraft major plan amendment—\n(a) in relation to an application for a proponent-initiated\namendment—see section 59 (2); and\n(b) in relation to an amendment prepared by the territory planning\nauthority on its own initiative or in response to a direction by the\nMinister under section 20—see section 60 (1).\ninterested person, in relation to land—see section 56.\nmajor plan amendment means a draft major plan amendment\napproved by the Minister under section 75 (2) (a) (Minister’s powers\nin relation to draft major plan amendments).\nproponent-initiated amendment—see section 57.\npublic availability notice, for a draft major plan amendment—see\nsection 68 (a).\nsupporting report, for a proponent-initiated amendment, draft major\nplan amendment or major plan amendment, means a detailed report\nsetting out all of the following:\n(a) the need for the proposed amendment;\n(b) the positive and negative impacts of the proposed amendment;\n(c) a statement about how the proposed amendment would give\neffect to the planning strategy and—\n(i) any relevant district strategy; or\n(ii) for a supporting report prepared for a planning and\nresponse report—the proposed district strategy;\n(d) a statement about how the proposed amendment would be\nconsistent or inconsistent with relevant planning outcomes\ncontained in other government strategies and policies;\n\nInitiation of major plan amendments Division 5.2.2\n(e) any consultation undertaken by the interested person who\nproposed the amendment, including with relevant entities who\nmay have an interest in the proposed amendment.\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Meaning of interested person—pt 5.2","content":"56 Meaning of interested person—pt 5.2\nFor this part, a person is an interested person in relation to land if—\n(a) the person is the lessee or custodian of the land; or\n(b) the person is acting with the consent of the lessee or custodian\nof the land.\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Proponent-initiated amendment—application","content":"57 Proponent-initiated amendment—application\n(1) An interested person in relation to land may apply to the territory\nplanning authority for an amendment of the territory plan\n(a proponent-initiated amendment) in relation to that land.\n(2) The application must—\n(a) include—\n(i) the applicant’s name and address; and\n(ii) if the applicant is not the lessee or custodian of the land—\nthe name of the lessee or custodian; and\n(b) identify the land that is the subject of the proposed amendment;\nand\n(c) include a description of the change to the territory plan the\napplicant is seeking from the amendment; and\n(d) include a supporting report for the proposed amendment.\n(3) The applicant may withdraw the application any time before it is\naccepted by the territory planning authority.\n\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Proponent-initiated amendment—consideration of","content":"58 Proponent-initiated amendment—consideration of\n(1) The territory planning authority must, within 3 months after the day\nan interested person makes an application for a proponent-initiated\namendment under section 57—\n(a) accept the application; or\n(b) refuse to accept the application.\nNote By accepting the application, the authority is not taken to support the\napplication and is not bound to proceed with the amendment\n(see s 59 (3)).\n(2) In considering whether to accept the application, the territory\nplanning authority must have regard to each of the following:\n(a) the planning strategy;\n(b) any relevant district strategy;\n(c) any current or proposed amendments of, or of policies in, the\n(d) the statement of planning priorities;\n(e) anything else the authority considers relevant to the amendment.\n(3) The authority may, by written notice, require the applicant to give\nadditional information in relation to the application.\n(4) The notice must state the time, at least 20 working days, within which\nthe applicant must give the territory planning authority the additional\n(5) The territory planning authority may refuse to accept the application\nif the additional information is not given to the authority within the\nstated time.\n\nInitiation of major plan amendments Division 5.2.2\n","sortOrder":59},{"sectionNumber":"59","sectionType":"section","heading":"Proponent initiated amendment—acceptance of","content":"59 Proponent initiated amendment—acceptance of\n(1) If the territory planning authority accepts an application for a\nproponent-initiated amendment under section 57, it must publish the\nfollowing on the authority website when the draft amendment is\npublished under section 63 (1) (Public consultation—notification and\navailability of draft major plan amendments etc):\n(a) the decision to accept the application;\n(b) the application;\n(c) any additional information, and the request for that information,\nmentioned in section 58 (3).\n(2) After accepting the application, the territory planning authority must\nprepare a document to amend the territory plan (a draft major plan\namendment).\n(3) However, the territory planning authority—\n(a) is not taken to support the application by preparing the draft\nmajor plan amendment; and\n(b) must continue to assess the merits of the application; and\n(c) is not bound to proceed with the amendment.\n","sortOrder":60},{"sectionNumber":"60","sectionType":"section","heading":"Authority or Minister-initiated amendments","content":"60 Authority or Minister-initiated amendments\n(1) The territory planning authority may, on the authority’s own\ninitiative, prepare a document to amend the territory plan (a draft\nmajor plan amendment).\n(2) The territory planning authority must prepare a draft major plan\namendment if the Minister gives the authority a direction under\nsection 20 (1) (b) (Ministerial directions to authority).\n\n","sortOrder":61},{"sectionNumber":"61","sectionType":"section","heading":"Supporting report for draft major plan amendment","content":"61 Supporting report for draft major plan amendment\n(1) If the territory planning authority prepares a draft major planning\namendment (other than a draft amendment mentioned in\nsubsection (2)), the authority must prepare a supporting report for the\n(2) If the territory planning authority prepares a draft major planning\namendment after accepting an application for a proponent-initiated\namendment, the authority must consider the supporting report\nincluded with the application for the amendment.\n","sortOrder":62},{"sectionNumber":"62","sectionType":"section","heading":"Draft major plan amendments—consultation","content":"62 Draft major plan amendments—consultation\nThe territory planning authority must consult with each of the\nfollowing in relation to a draft major plan amendment:\n(a) the national capital authority;\n(b) the conservator of flora and fauna;\n(c) the environment protection authority;\n(d) the heritage council;\n(e) each referral entity;\n(f) if the draft amendment would, if made, be likely to affect\nunleased land or leased public land—each custodian of the land\nlikely to be affected.\n","sortOrder":63},{"sectionNumber":"63","sectionType":"section","heading":"Public consultation—notification and availability of draft","content":"63 Public consultation—notification and availability of draft\nmajor plan amendments etc\n(1) After preparing a draft major plan amendment, the territory planning\nauthority must publish the following on the authority website:\n(a) the draft amendment;\n\nConsultation Division 5.2.3\n(b) the supporting report for the draft amendment;\n(c) a notice that complies with section 64 (a consultation notice)—\n(i) inviting people to give written comments (consultation\ncomments) about the draft amendment to the authority\nduring the consultation period for the draft amendment;\nand\n(ii) stating the effect of section 65 (Public inspection of\ncomments on draft major plan amendments).\n(2) However, the territory planning authority is not required to publish a\nmajor draft amendment if satisfied that publication of the draft\n(a) would disclose a trade secret; or\n(b) would, or could reasonably be expected to—\n(i) endanger the life or physical safety of anyone; or\n(ii) lead to damage to, or theft of, property.\n(3) The territory planning authority may extend the consultation period\nfor the draft major plan amendment.\n(4) If the territory planning authority extends the consultation period for\nthe draft major plan amendment, it must—\n(a) publish a notice (an extension notice) on the authority website\nabout the extended consultation period; and\n(b) for a draft amendment prescribed by regulation—give a copy of\nthe extension notice to each person prescribed by regulation.\n(5) A draft major plan amendment is not invalid only because the\nterritory planning authority has not complied with subsection (4) (b).\n\n(6) This section does not apply in relation to a draft major plan\n(a) if, in preparing a planning and response report, an entity has\nundertaken consultation similar to that required under this\nsection in relation to the substance of the draft amendment; or\n(b) that has been revised by the territory planning authority in\naccordance with a request under section 75 (2) (c) (ii)\n(Minister’s powers in relation to draft major plan amendments);\nor\n(c) if, in developing a government policy or strategy, a government\nentity has undertaken consultation similar to that required under\nthis section in relation to the substance of the draft amendment;\nor\n(d) if the Minister consulted on the draft amendment under\nsection 218 (3) (Declaration of territory priority projects) in\nrelation to a proposed territory priority project declaration.\nExamples—par (c)\n1 the amendment was included as part of a consultation process undertaken by\nanother government entity as a consequence of consulting on a new climate\nchange strategy\n2 the amendment was included in a draft review report prepared by the territory\nplanning authority under s 91 and consulted on in accordance with that section\n","sortOrder":64},{"sectionNumber":"64","sectionType":"section","heading":"Public consultation—notice of interim effect etc","content":"64 Public consultation—notice of interim effect etc\n(1) A consultation notice must state whether or not subsection (2) applies\nin relation to the draft major plan amendment, or part of the draft\n\nConsultation Division 5.2.3\n(2) The Territory, the Executive, a Minister or a territory authority must\nnot, during the defined period or a period stated in the consultation\nnotice, whichever is shorter, do or approve the doing of anything that\nwould be inconsistent with the territory plan if it were amended in\naccordance with the draft major plan amendment.\nNote The Territory, the Executive, a Minister or a territory authority must also\nnot do anything that is inconsistent with the territory plan (see s 52).\n(3) A consultation notice that states that subsection (2) applies in relation\nto the draft major plan amendment, or part of the draft amendment,\nmust also state—\n(a) the effect of subsection (2); and\n(b) a period (not longer than 12 months) that is the maximum period\nduring which the draft amendment, or part of the draft\namendment, is to have interim effect.\n(4) A consultation notice that states that subsection (2) applies in relation\nto the draft major plan amendment, or part of the draft amendment, is\na notifiable instrument.\ndefined period, for a draft major plan amendment, means the\nperiod—\n(a) starting on the day the consultation notice for the draft\namendment is notified (the notification day) as required under\nsubsection (4); and\n(b) ending on the day the earliest of the following happens:\n(i) the day the public availability notice for the draft\namendment is published on the authority website as\nrequired under section 68;\n\n","sortOrder":65},{"sectionNumber":"Div 5","sectionType":"division","heading":"2.4 Action after consultation about draft major plan amendments","content":"Division 5.2.4 Action after consultation about draft major plan amendments\n(ii) if the draft amendment, or the corresponding major plan\namendment, is withdrawn under section 66 (1) (b)\n(Revision and withdrawal of draft major plan amendments)\nor section 75 (2) (b) (Minister’s powers in relation to draft\nmajor plan amendments)—the day it is withdrawn;\n(iii) the day that is 12 months after the notification day.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Public inspection of comments on draft major plan","content":"65 Public inspection of comments on draft major plan\n(1) This section applies to written comments about a draft major plan\n(a) given to the territory planning authority in response to the\ninvitation in the consultation notice for the draft amendment\nunder section 63 (1) (c) (i) or otherwise; or\n(b) received from the national capital authority.\n(2) The territory planning authority must publish the comments on the\nauthority website for at least 30 working days, starting 10 working\ndays after consultation period for the draft amendment ends.\nDivision 5.2.4 Action after consultation about draft\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Revision and withdrawal of draft major plan amendments","content":"66 Revision and withdrawal of draft major plan amendments\n(1) After the end of the consultation period for a draft major plan\namendment, the territory planning authority may—\n(a) revise the draft amendment; or\n(b) withdraw the draft amendment.\n(2) In revising or withdrawing a draft major plan amendment, the\nterritory planning authority must consider written comments\n(including consultation comments) about the draft amendment\nreceived from any entity, including the national capital authority.\n\nDraft major plan amendments given to Minister Division 5.2.5\n(3) The territory planning authority may, at any time before a draft major\nplan amendment is given, or given again, to the Minister, revise the\ndraft amendment to correct a formal error.\n(4) The withdrawal of a draft major plan amendment must include a\nstatement that the interim effect of the draft amendment ends on the\nday the draft amendment is withdrawn.\n(5) The territory planning authority must publish on the authority website\nnotice of the withdrawal of a draft major plan amendment on the same\nday, or as soon as practicable after, the authority prepares the\nwithdrawal.\nDivision 5.2.5 Draft major plan amendments given to\nMinister\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Draft major plan amendments to be given to Minister etc","content":"67 Draft major plan amendments to be given to Minister etc\n(1) This section applies to a draft major plan amendment—\n(a) if—\n(i) the consultation period for the draft amendment has ended;\nand\n(ii) the territory planning authority has not withdrawn the draft\namendment under section 66; and\n(b) if the draft amendment has been revised under section 66—as\nrevised.\n(2) This section also applies to a draft major plan amendment in relation\nto which section 63 (Public consultation—notification and\navailability of draft major plan amendments etc) does not apply.\nNote Section 63 (6) provides that s 63 does not apply in relation to certain draft\nmajor plan amendments.\n\nDivision 5.2.5 Draft major plan amendments given to Minister\n(3) The territory planning authority must give the draft major plan\namendment to the Minister for approval, together with the following\ndocuments:\n(a) the background papers relating to the draft amendment;\n(b) a written report about the authority’s consultation with the\n(i) the public;\n(ii) the national capital authority;\n(iii) the conservator of flora and fauna;\n(iv) the environment protection authority;\n(v) the heritage council;\n(vi) if the draft amendment would, if made, be likely to affect\nunleased land or leased public land—each custodian of the\nland likely to be affected;\n(c) a copy of written comments (including consultation comments)\nabout the draft amendment received from an entity mentioned in\nparagraph (b).\nNote The Minister must give a copy of the documents given to the Minister\nunder this section to the relevant Assembly committee (see s 70).\n(4) The written report mentioned in subsection (3) (b) must include the\nissues raised in any consultation comments about the draft major plan\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Public notice of documents given to Minister","content":"68 Public notice of documents given to Minister\nThe territory planning authority must publish on the authority\n(a) a notice stating that the documents mentioned in section 67 (3)\n(including the draft major plan amendment) are available on the\nwebsite for public inspection (a public availability notice); and\n\nDraft major plan amendments given to Minister Division 5.2.5\n(b) for the period stated in the public availability notice—copies of\nthe documents mentioned in section 67 (3).\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Public availability notice—notice of interim effect etc","content":"69 Public availability notice—notice of interim effect etc\n(1) A public availability notice must state whether or not subsection (2)\napplies in relation to the draft major plan amendment, or part of the\n(2) The Territory, the Executive, a Minister or a territory authority must\nnot, during the defined period, do or approve the doing of anything\nthat would be inconsistent with the territory plan if it were amended\nin accordance with the draft major plan amendment.\nNote The Territory, the Executive, a Minister or a territory authority must also\nnot do anything that is inconsistent with the territory plan (see s 52).\n(3) A public availability notice that states that subsection (2) applies in\nrelation to the draft major plan amendment, or part of the draft\namendment, must also state the effect of subsection (2).\n(4) A public availability notice that states that subsection (2) applies in\nrelation to the draft major plan amendment, or part of the draft\namendment, is a notifiable instrument.\ndefined period, for a draft major plan amendment, means the\nperiod—\n(a) starting on the day the public availability notice for the draft\namendment is notified (the notification day) under\nsubsection (4); and\n(b) ending on the earliest of the following days:\n(i) the day the corresponding major plan amendment, or part\nof it, commences;\nNote See s 80 (2) and s 81 (5) (a) for when the amendment, or part\nof it, commences.\n\nDivision 5.2.6 Consideration of draft major plan amendments by relevant Assembly\n(ii) if the corresponding major plan amendment is rejected by\nthe Legislative Assembly—the day it is rejected;\n(iii) if the corresponding major plan amendment is withdrawn\nin accordance with a requirement under section 75 (2) (b)\nor section 81 (5) (b)—the day it is withdrawn;\n(iv) the day that is 18 months after the notification day.\nDivision 5.2.6 Consideration of draft major plan\namendments by relevant Assembly\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Certain draft major plan amendments given to Minister","content":"70 Certain draft major plan amendments given to Minister\nunder s 67—action by Minister\n(1) This section applies if the Minister is given a draft major plan\namendment under section 67.\n(2) Within 5 working days after the day the public availability notice for\nthe draft major plan amendment is published on the authority website,\nthe Minister must refer the draft amendment to the relevant Assembly\ncommittee, together with—\n(a) the documents mentioned in section 67 (3) relating to the draft\n(b) a request that the committee decide whether it will prepare a\nreport on the draft amendment.\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Consideration of draft major plan amendments by","content":"71 Consideration of draft major plan amendments by\nrelevant Assembly committee\n(1) If the Minister refers a draft major plan amendment to the relevant\nAssembly committee under section 70 (2), the committee must tell\nthe Minister, within 15 working days after the day the draft\namendment is referred to the committee, whether or not it will prepare\na report on the draft amendment.\n\nConsideration of draft major plan amendments by relevant Assembly\nDivision 5.2.6\n(2) If the committee has not told the Minister, within the 15-day period,\nwhether it will prepare a report, it is taken to have decided not to\nprepare a report.\n(3) Without limiting the matters the relevant Assembly committee may\ninclude in a report on the draft major plan amendment, the committee\nmust include in the report—\n(a) a recommendation that the Minister approve the draft\namendment; or\n(b) another recommendation about the draft amendment.\n(4) Subsection (5) applies if—\n(a) the draft amendment is to facilitate the development of a\nterritory priority project; and\n(b) if the committee decides to prepare a report on the draft\namendment—the Minister is satisfied that the risk of delay to\nthe development of the territory priority project will be\nminimised if the committee’s report on the draft amendment\nwere given to the Minister earlier than 6 months after the day it\nis referred to the committee.\n(5) When the Minister refers the draft major plan amendment to the\nrelevant Assembly committee, the Minister may request that, if the\ncommittee decides to prepare a report, the report be completed and\ngiven to the Minister within a period stated by the Minister, that is at\nleast 3 months and not more than 6 months after the day the draft\namendment is referred to the committee.\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Committee decides not to report","content":"72 Committee decides not to report\nrelevant Assembly committee under section 70 (2); and\n\nDivision 5.2.6 Consideration of draft major plan amendments by relevant Assembly\n(b) the committee has decided, or is taken to have decided, not to\nprepare a report on the draft amendment.\n(2) The Minister must take action in accordance with section 75 in\nrelation to the draft major plan amendment.\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Committee reports on draft major plan amendments","content":"73 Committee reports on draft major plan amendments\nrelevant Assembly committee under section 70 (2); and\n(b) the committee has decided to prepare a report on the draft\n(2) The Minister—\n(a) unless section 74 applies—must not take action under section 75\nin relation to the draft major plan amendment until the relevant\nAssembly committee has reported on the draft amendment; and\n(b) after the committee reports on the draft amendment—must take\naction under section 75 in relation to the draft amendment.\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Committee fails to report promptly on draft major plan","content":"74 Committee fails to report promptly on draft major plan\nrelevant Assembly committee under section 70 (2) (Certain draft\nmajor plan amendments given to Minister under s 67—action by\nMinister); and\n(b) the committee has decided to prepare a report on the draft major\nplan amendment; and\n\nConsideration of draft major plan amendments by relevant Assembly\nDivision 5.2.6\n(c) the committee has not reported on the draft amendment by the\nend of—\n(i) if the Minister’s referral is made within 4 months before a\ngeneral election of members of the Legislative\nAssembly—\n(A) if the Minister stated a period under section 71 (5)\n(Consideration of draft major plan amendments by\nrelevant Assembly committee)—the stated period\ncommencing on the first sitting day of the Legislative\nAssembly after the general election; or\n(B) in any other case—6 months after the first sitting day\nof the Legislative Assembly after the general election;\nor\n(ii) in any other case—\n(A) if a period was stated by the Minister under section 71\n(5)—the stated period; or\n(B) in any other case—6 months after the day the draft\nmajor plan amendment is referred to the committee.\n(2) The Minister may take action in accordance with section 75 in\nrelation to the draft major plan amendment, even though the relevant\nAssembly committee has not reported on the amendment.\n\nDivision 5.2.7 Ministerial and Legislative Assembly action on draft major plan\nDivision 5.2.7 Ministerial and Legislative Assembly\naction on draft major plan\n75 Minister’s powers in relation to draft major plan\n(a) the Minister is required to take action under this section; or\n(b) the Minister decides under section 74 to take action under this\nsection; or\n(c) the Minister revokes the approval of a draft major plan\namendment under section 77 (4).\nNote See s 72 (2), s 73 (2) (b) and s 76 (4) for when the Minister is required to\ntake action under this section.\n(2) The Minister must—\n(a) approve the draft major plan amendment in the form given; or\nNote A draft major plan amendment approved by the Minister is a major\nplan amendment (see s 55, def major plan amendment).\n(b) withdraw the draft major plan amendment; or\n(c) return the draft major plan amendment to the territory planning\nauthority and direct the authority to do 1 or more of the\n(i) conduct further stated consultation;\n(ii) consider any revision suggested by the Minister;\n(iii) revise the draft amendment in a stated way.\n\nMinisterial and Legislative Assembly action on draft major plan\nDivision 5.2.7\n(3) Before taking action under subsection (2), the Minister must consider\n(a) the documents given to the Minister under section 67 (3) (Draft\nmajor plan amendments to be given to Minister etc);\n(b) any recommendation made by the relevant Assembly committee\nin relation to the draft amendment, or related documents,\nreferred to the committee under section 70 (2) (a) or otherwise;\n(c) the planning strategy;\n(d) any relevant district strategy.\nNote For par (b), the Minister must not take action under this section in some\ncircumstances if the committee has not reported (see s 73 and s 74).\n(4) The Minister may approve a draft major plan amendment only if the\ndraft amendment is not inconsistent with the planning strategy or any\nrelevant district strategy.\n(5) If the Minister approves a draft major plan amendment, the Minister\nmust prepare a notice that includes the following:\n(a) the major plan amendment;\n(b) a statement that the major plan amendment is approved;\n(c) a statement that the major plan amendment must be presented to\nthe Legislative Assembly and may only commence by\ncommencement notice under section 80 (2).\n(6) A notice under subsection (5) is a notifiable instrument.\n(7) The following must be published on the authority website:\n(a) a decision by the Minister under subsection (2);\n(b) if the decision is under subsection (2) (b) or (c)—the reasons for\nthe decision (if any).\n\nDivision 5.2.7 Ministerial and Legislative Assembly action on draft major plan\n","sortOrder":76},{"sectionNumber":"76","sectionType":"section","heading":"Return of draft major plan amendments to authority","content":"76 Return of draft major plan amendments to authority\n(1) This section applies if the Minister returns a draft major plan\namendment to the territory planning authority with a direction under\nsection 75 (2) (c).\n(2) If the direction is given under section 75 (2) (c) (i) or (ii), the territory\nplanning authority may revise the draft major plan amendment and\ngive it to the Minister for approval with a written report about—\n(a) the authority’s response to the Minister’s direction; and\n(b) any further revision of the draft amendment under\nsection 66 (3).\n(3) If the direction is given under section 75 (2) (c) (iii), the territory\nplanning authority must give the Minister the draft major plan\namendment, as revised in accordance with the direction, together with\na written report about any further revision of the draft amendment\nunder section 66 (3).\n(4) After receiving the draft major plan amendment, the Minster must\ntake additional action under section 75 in relation to the draft\n","sortOrder":77},{"sectionNumber":"77","sectionType":"section","heading":"Presentation of major plan amendments to Legislative","content":"77 Presentation of major plan amendments to Legislative\nAssembly\n(1) This section applies if the Minister approves a major plan amendment\nunder section 75 (2) (a).\n(2) The Minister must present to the Legislative Assembly, not later than\n5 sitting days after the day the Minister approves a major plan\namendment, copies of each of the following:\n(a) the major plan amendment;\n(b) the background papers relating to the amendment;\n(c) any report mentioned in section 76 (2) or (3).\n\nMinisterial and Legislative Assembly action on draft major plan\nDivision 5.2.7\n(3) If a major plan amendment is not presented to the Legislative\nAssembly in accordance with subsection (2), the major plan\namendment does not come into effect.\n(4) However, the Minister may, at any time before the major plan\namendment is presented to the Legislative Assembly, revoke the\napproval and reconsider the amendment as a draft major plan\namendment under section 75.\n","sortOrder":78},{"sectionNumber":"78","sectionType":"section","heading":"Assembly may reject major plan amendments completely","content":"78 Assembly may reject major plan amendments completely\nor partly\n(1) The Legislative Assembly may, by resolution, reject a major plan\namendment, or a provision of the major plan amendment, presented\nto the Assembly.\n(2) Notice of a motion to reject the major plan amendment or a provision\nof the major plan amendment (a rejection notice) must be given not\nlater than 5 sitting days after the day the major plan amendment is\npresented to the Legislative Assembly.\n(3) The major plan amendment or provision stated in a rejection notice\ngiven in accordance with subsection (2) is taken to have been rejected\nby the Legislative Assembly if, at the end of 5 sitting days after the\nday the rejection notice has been given in the Legislative Assembly—\n(a) the motion has not been called on; or\n(b) the motion has been called on and moved and has not been\nwithdrawn or otherwise disposed of.\n","sortOrder":79},{"sectionNumber":"79","sectionType":"section","heading":"Effect of dissolution etc of Legislative Assembly","content":"79 Effect of dissolution etc of Legislative Assembly\n(1) This section applies if, before the end of 5 sitting days after the day a\nrejection notice has been given in the Legislative Assembly under\nsection 78 (2)—\n(a) the Legislative Assembly is dissolved or expires; and\n\nDivision 5.2.8 Commencement and publication of major plan amendments\n(b) at the time of dissolution or expiry—\n(i) the notice has not been withdrawn and the motion has not\nbeen called on; or\n(ii) the motion has been called on and moved and has not been\nwithdrawn or otherwise disposed of.\n(2) The major plan amendment is taken, for section 78 (2) and (3), to\nhave been presented to the Legislative Assembly on the first sitting\nday of the Legislative Assembly after the next general election of\nmembers of the Assembly.\nrejection notice—see section 78 (2).\nDivision 5.2.8 Commencement and publication of\n","sortOrder":80},{"sectionNumber":"80","sectionType":"section","heading":"Commencement and publication of major plan","content":"80 Commencement and publication of major plan\n(a) at the end of 5 sitting days after the day a major plan amendment\nis presented to the Legislative Assembly, the Assembly has not\npassed a resolution rejecting the amendment or any provision of\nthe amendment; and\n(b) the major plan amendment, or a provision of the major plan\namendment is not taken to have been rejected under\nsection 78 (3) (Assembly may reject major plan amendments\ncompletely or partly).\n(2) The major plan amendment commences on a day fixed by the\nMinister by written notice.\n(3) The territory planning authority must publish a commencement\nnotice under subsection (2) on the authority website.\n\nCommencement and publication of major plan amendments Division 5.2.8\n","sortOrder":81},{"sectionNumber":"81","sectionType":"section","heading":"Rejection of major plan amendments by Legislative","content":"81 Rejection of major plan amendments by Legislative\nAssembly\n(1) This section applies if a major plan amendment, or a provision of the\nmajor plan amendment, is rejected, or taken to be rejected, under\nsection 78 (Assembly may reject major plan amendments completely\nor partly).\n(2) The major plan amendment, or provision of the major plan\namendment, does not come into force if the provision is—\n(a) rejected, or taken to be rejected, by the Legislative Assembly\nunder section 78 (3); or\n(b) withdrawn under subsection (5) (b).\n(3) The territory planning authority must, in relation to each provision of\nthe major plan amendment that is rejected, prepare a notice stating\nthat the provision of the amendment has been rejected.\nNote A single notice may be prepared for 1 or more rejected provisions.\n(4) The notice is a notifiable instrument.\n(5) The Minister must, in relation to each provision of the major plan\namendment that is not rejected—\n(a) fix a day when the provision is to commence; or\n(b) withdraw the provision.\nNote On commencement, a provision of a major plan amendment amends the\nterritory plan according to its terms.\n(6) A withdrawal under subsection (5) (b) is a notifiable instrument.\n(7) If the notifiable instrument does not state when the instrument\nexpires, the instrument expires 6 months after the day it is notified.\n(8) The territory planning authority must publish notice of the following\non the authority website:\n(a) a notice under subsection (3);\n\nDivision 5.2.9 Limitations on challenge to validity of territory plan provisions\n(b) a commencement notice under subsection (5) (a);\n(c) a withdrawal under subsection (5) (b).\nDivision 5.2.9 Limitations on challenge to validity of\nterritory plan provisions\n","sortOrder":82},{"sectionNumber":"82","sectionType":"section","heading":"Limitations on challenge to validity of territory plan","content":"82 Limitations on challenge to validity of territory plan\n(1) The validity of a provision of the territory plan must not be questioned\nin any legal proceeding other than a proceeding begun not later than\n3 months after the day the provision, or an amendment of the\nprovision, commenced.\n(2) The validity of a provision of the territory plan must not be questioned\nin any legal proceeding only because the major plan amendment that\ninserted or amended the provision was inconsistent with the planning\nstrategy or a district strategy.\n\nPart 5.3 Territory plan—minor plan\n","sortOrder":83},{"sectionNumber":"83","sectionType":"section","heading":"Definitions—pt 5.3","content":"83 Definitions—pt 5.3\nlimited consultation—see section 86 (1).\nminor plan amendment—see section 84.\n","sortOrder":84},{"sectionNumber":"84","sectionType":"section","heading":"What is a minor plan amendment and is consultation","content":"84 What is a minor plan amendment and is consultation\nneeded?\n(1) Each of the following territory plan amendments is a minor plan\namendment for which no consultation is needed before it is made\nunder section 85:\n(a) an amendment that—\n(i) would not adversely affect anyone’s rights if approved; and\n(ii) has as its only object the correction of a formal error in the\nplan;\n(b) an amendment to change the boundary of a zone under\nsection 87 (Rezoning—boundary changes);\n(c) an amendment, other than one to which subsection (2) (b)\napplies, in relation to a subdivision design application under\nsection 44 (Effect of approval of subdivision design\napplication);\n(d) an amendment required to bring the territory plan into line with\nthe national capital plan;\n(e) an amendment to add or change a reference to a design guide;\n\n(f) an amendment to omit something that is obsolete or redundant\nin the territory plan.\nExample—obsolete or redundant thing\na provision of the territory plan that has become redundant because of the\nenactment of a law that applies in the Territory\n(2) Each of the following territory plan amendments is a minor plan\namendment for which only limited consultation is needed under\nsection 86:\n(a) an amendment to change the boundary of a zone under\nsection 88 (Rezoning—development encroaching on adjoining\nland);\n(b) an amendment in relation to a subdivision design application\nunder section 44 (Effect of approval of subdivision design\napplication) if it incorporates an ongoing provision that was not\nincluded in the plan under section 43 (2) (Subdivision design\napplications);\n(c) an amendment to relocate a provision within the territory plan if\nthe substance of the provision is not changed;\n(d) an amendment to change a provision in the territory plan that—\n(i) does not change the substance of the plan; and\n(ii) is consistent with the policy intent of the provision; and\n(iii) is not an amendment mentioned in subsection (1) (a);\n(e) an amendment in relation to a future urban area under\nsection 89.\nNote An amendment to rezone land that is not in a future urban area is not a\nminor plan amendment.\n\n","sortOrder":85},{"sectionNumber":"85","sectionType":"section","heading":"Making minor plan amendments","content":"85 Making minor plan amendments\n(a) the territory planning authority is satisfied that a territory plan\namendment would, if made, be a minor plan amendment; and\n(b) any limited consultation needed for the amendment has taken\nplace.\n(2) The territory planning authority may only make a minor plan\namendment if the amendment is not inconsistent with the planning\nstrategy or any relevant district strategy.\n(3) A minor plan amendment is a notifiable instrument.\n(4) A minor plan amendment commences on a day fixed by the territory\nplanning authority by written notice.\n(5) Not later than 5 working days after the day a minor plan amendment\nis notified under the Legislation Act, the territory planning authority\nmust publish on the authority website—\n(a) a copy of the amendment as notified; and\n(b) any other information considered by the authority to be\nnecessary or useful in explaining the minor amendment.\n","sortOrder":86},{"sectionNumber":"86","sectionType":"section","heading":"Limited consultation","content":"86 Limited consultation\n(1) The territory planning authority undertakes limited consultation for\na proposed minor plan amendment if the authority complies with this\nsection in relation to the amendment.\n(2) The territory planning authority must publish on the authority\n(a) a copy of the proposed minor plan amendment and information\nabout the amendment; and\n\n(b) a notice that—\n(i) states the consultation period and how written comments\n(consultation comments) may be made on the amendment;\nand\n(ii) states that a copy of any consultation comments will be\nmade available on the authority website for at least\n15 working days, starting 10 working days after the end of\nthe consultation period; and\n(c) a copy of the documents mentioned in paragraph (b) (ii).\nNote Section 502 and s 503 apply to a person who makes consultation\ncomments under this section.\n(3) The territory planning authority must tell the national capital\nauthority about the minor plan amendment.\n(4) The territory planning authority must consider—\n(a) any consultation comments made in the consultation period and\nin accordance with the notice under subsection (2) (b); and\n(b) any views of the national capital authority.\nconsultation period means a stated period of at least 20 working days.\n","sortOrder":87},{"sectionNumber":"87","sectionType":"section","heading":"Rezoning—boundary changes","content":"87 Rezoning—boundary changes\n(1) This section applies to a zone in relation to land if the land adjoins\nunleased land or land for which the Territory is the registered\nproprietor (the adjoining land).\n(2) The territory planning authority may amend the territory plan under\nsection 85 (Making minor plan amendments) to change the boundary\nof the zone to encroach onto the adjoining land if the change is\nconsistent with—\n(a) the apparent intent of the original boundary line; and\n\n(b) the desired outcomes for the zone.\n(3) The territory planning authority may amend the territory plan under\nsection 85 to change the boundary of the zone to encroach onto the\nadjoining land if—\n(a) the authority is advised to do so by—\n(i) the conservator of flora and fauna; or\n(ii) the custodian of the land for the zone; and\n(b) the conditions in subsection (2) (a) and (b) are satisfied.\n","sortOrder":88},{"sectionNumber":"88","sectionType":"section","heading":"Rezoning—development encroaching on adjoining land","content":"88 Rezoning—development encroaching on adjoining land\n(1) The territory planning authority may amend the territory plan under\nsection 85 (Making minor plan amendments) to change the boundary\nof a zone consistent with a development proposal under\nsection 158 (Declaration for development encroaching on adjoining\nland if development prohibited) if the authority makes a declaration\nthat the proposal satisfies the criteria in section 158 (2).\nNote Under s 158 and s 159, a person may apply for development approval of\na development proposal that encroaches on adjoining land if the\ndevelopment would otherwise be prohibited on the land. However,\ndevelopment approval must not be given until the minor plan amendment\nhas commenced under s 85 (see s 185 (2) (b)).\n(2) However, the territory planning authority must not amend the\nterritory plan under section 85 to change the boundary of the zone if\nthe adjoining land is a future urban area.\nadjoining land—see section 87 (1).\n\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Minor plan amendments—future urban areas","content":"89 Minor plan amendments—future urban areas\n(1) The territory planning authority may amend the territory plan under\nsection 85 (Making minor plan amendments) to rezone land in a\nfuture urban area, and make or amend a district policy in relation to\nthe land, unless the amendment is inconsistent with the principles and\npolicies in the relevant district strategy.\n(2) The territory planning authority may amend the territory plan under\nsection 85 to change the boundary of a future urban area if the change\nis consistent with the relevant district strategy.\n(3) However, the territory planning authority must not amend the\nterritory plan under section 85 to change the boundary of a future\nurban area if part of the boundary proposed to be changed is aligned\nwith the boundary of an existing leasehold.\n\nReview of territory plan Part 5.4\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Consideration of whether review of territory plan","content":"90 Consideration of whether review of territory plan\nnecessary\n(1) The Minister must, at least once every 5 years—\n(a) decide whether the territory plan should be reviewed; and\n(b) if the Minister decides that the territory plan should be\nreviewed—direct the territory planning authority to review the\nNote 1 The territory planning authority must also review the territory plan if\ndirected to do so by the Minister (see s 19 and s 20 (1) (b)).\nNote 2 A direction mentioned in s (1) (b) is a notifiable instrument (see s 20 (3)).\n(2) In deciding whether the territory plan should be reviewed, the\nMinister—\n(a) must consider whether the territory plan—\n(i) is consistent with the object of this Act; and\n(ii) is consistent with the object of the territory plan; and\n(iii) gives effect to the plan’s object in a way that is not\ninconsistent with the national capital plan; and\n(iv) gives effect to the plan’s object in a way that gives effect\nto the principles of good planning; and\n(v) promotes the planning strategy; and\n(b) may consult with the public on whether the territory plan should\nbe reviewed.\n(3) The Minister may delay making a decision to review the territory plan\nfor not more than 1 year.\n\n(4) The territory planning authority must publish on the authority website\nnotice of—\n(a) the decision under subsection (1); and\n(b) any decision under subsection (3).\n(5) A decision by the Minister not to review the territory plan does not\naffect the territory planning authority’s function under\nsection 18 (1) (b) of continually reviewing the territory plan.\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Review of territory plan","content":"91 Review of territory plan\n(1) This section applies if the Minister directs the territory planning\nauthority under section 20 (1) (b) to review the territory plan.\nNote See also s 90 (1) (b).\n(2) The territory planning authority must review the territory plan and\nconsider the following:\n(a) whether the territory plan remains consistent with the national\ncapital plan;\n(b) whether the territory plan continues to further the object of this\nAct and the object of the territory plan in accordance with the\nprinciples of good planning;\n(c) whether the territory plan remains consistent with the planning\nstrategy and district strategies;\n(d) whether the territory plan takes into account any planning\noutcomes contained in other government strategies and policies\nthat may be relevant;\n(e) anything else prescribed by regulation.\n(3) After reviewing the territory plan, the territory planning authority\nmust prepare a report (a draft review report)—\n(a) stating that the authority has reviewed the plan; and\n\nReview of territory plan Part 5.4\n(b) stating the authority’s findings on the review; and\n(c) if the authority considers that the territory plan should be\namended—including the proposed amendment of the territory\n(4) The territory planning authority must consult with each of the\nfollowing in relation to the draft review report:\n(a) the public;\n(b) the national capital authority;\n(c) the conservator of flora and fauna;\n(d) the environment protection authority;\n(e) the heritage council;\n(f) each referral entity;\n(g) if any territory plan amendment in the review report would, if\nmade, be likely to affect unleased land or leased public land—\neach custodian of the land likely to be affected.\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"Action after consultation about draft review report","content":"92 Action after consultation about draft review report\n(1) After the end of the consultation period for a draft review report, the\nterritory planning authority may revise the draft review report.\n(2) In revising the draft review report, the territory planning authority\nmust consider written comments (including consultation comments)\nabout the draft review report received in the consultation period.\n(3) The territory planning authority may, at any time before the draft\nreview report is given, or given again, to the Minister, revise the\nreport to correct a formal error.\n\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Draft review report to be given to Minister etc","content":"93 Draft review report to be given to Minister etc\n(1) The territory planning authority must give the draft review report to\nthe Minister, together with the following documents:\n(a) a written report about the authority’s consultation with the\n(i) the public;\n(ii) the national capital authority;\n(iii) the conservator of flora and fauna;\n(iv) the environment protection authority;\n(v) the heritage council;\n(vi) each referral entity;\n(vii) if any territory plan amendment in the review report would,\nif made, be likely to affect unleased land or leased public\nland—each custodian of the land likely to be affected;\n(b) a copy of any written document given to the Minister by the\nnational capital authority in relation to the draft review report.\n(2) The written report mentioned in subsection (1) (a) must include a\nstatement about the issues raised in any consultation comments about\nthe draft review report.\nNote If the Minister accepts the draft review report, the Minister may direct the\nterritory planning authority to amend the territory plan.\n\nPreliminary Part 6.1\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Meaning of significant development","content":"94 Meaning of significant development\nA proposed development is a significant development if it requires\nany of the following:\n(a) a subdivision design application under section 43;\n(b) consultation with the design review panel under section 100 (1)\nor (2);\n(c) an environmental impact statement (EIS) under section 105.\nNote A regulation cannot exempt a significant development from requiring\ndevelopment approval (see s 145 (2)).\n\n","sortOrder":95},{"sectionNumber":"95","sectionType":"section","heading":"Establishment of design review panel","content":"95 Establishment of design review panel\nThe Design Review Panel is established.\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Functions of design review panel","content":"96 Functions of design review panel\nThe design review panel has the following functions:\n(a) to provide design advice to proponents of development\nproposals;\n(b) to exercise any other function given to the panel under this Act\nor another territory law.\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Members of design review panel","content":"97 Members of design review panel\n(1) The design review panel consists of at least 3 of the following\nmembers:\n(a) the person engaged as the government architect;\n(b) a representative of the national capital authority;\n(c) 1 or more members contracted under subsection (2) to provide\ndesign review services to the panel.\n(2) The territory planning authority may, on behalf of the Territory, enter\ninto a contract for services with a person to provide design review\nservices to the design review panel.\n(3) However, the territory planning authority may enter into a contract\nwith a person only if satisfied that the person has appropriate\nexpertise in architecture, urban design, urban planning, landscape\narchitecture, engineering or another area relevant to the urban\nenvironment.\n\nDesign review panel Part 6.2\n(4) The contract must include conditions to ensure the accountability,\ntransparency and independence of contracted panel members,\nincluding conditions about the following:\n(a) ending the member’s contract;\n(b) disclosure of interests;\n(c) conflicts of interest.\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Rules for design review panel","content":"98 Rules for design review panel\n(1) The Minister may make rules (design review panel rules) for the\ndesign review panel, including rules about—\n(a) terms of reference for the panel; and\n(b) constitution of the panel; and\n(c) conducting meetings of the panel; and\n(d) processes and procedures for reviewing development proposals.\nExamples—pars (a) to (c)\n1 the quorum at meetings\n2 who presides at meetings\n3 how questions are resolved at meetings\n4 how conflicts of interest are dealt with at meetings\nExamples—par (d)\n1 site inspections\n2 sources of best practice for design review\n(2) The design review panel rules may apply, adopt or incorporate an\ninstrument as in force from time to time.\n(3) The Legislation Act, section 47 (6) does not apply to an instrument\napplied, adopted or incorporated under subsection (2).\n\n(4) The design review panel rules must be published on the authority\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Design principles","content":"99 Design principles\n(1) The Minister may make principles (design principles) to be used by\nthe design review panel in assessing development proposals under\nthis Act.\n(2) The design principles must be published on the authority website.\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"When design review panel consultation is required","content":"100 When design review panel consultation is required\n(1) Before submitting a development application for a prescribed\ndevelopment proposal, the proponent must consult the design review\npanel about the proposal.\n(2) Also, if the Minister is satisfied that a development proposal is likely\nto be of economic, social or environmental significance to the\nTerritory, the Minister may require the proponent to consult the\ndesign review panel about the proposal.\n(3) In addition, the proponent of any other development proposal may\nconsult the design review panel about the proposal.\n(4) If the proponent of a development proposal consults the design\nreview panel about the proposal, the consultation must be undertaken\nin accordance with any design review panel rules.\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Advice of design review panel","content":"101 Advice of design review panel\n(a) the proponent of a development proposal consults the design\nreview panel about the proposal under section 100; or\n(b) the territory planning authority refers a development proposal in\na development application to the design review panel under\nsection 171 (2) (b).\n\nDesign review panel Part 6.2\n(2) The design review panel must—\n(a) consider the proposal; and\n(i) provide the proponent with advice about how the proposal\ncould be made consistent, or more consistent, with any\ndesign principles (design advice); or\n(ii) tell the proponent that the panel has no advice about the\nproposal; and\n(c) if the panel provides the proponent with design advice—give a\ncopy of the design advice to the territory planning authority.\nNote If design advice is given, the proponent’s response to the design advice\nmust be included in the development application (see s 166 (2) (d)).\n(3) If the proponent does not submit a development application for the\ndevelopment proposal within 18 months after the design advice is\nprovided, the design advice expires.\n\n","sortOrder":102},{"sectionNumber":"Part 6","sectionType":"part","heading":"3 Environmental impact","content":"Part 6.3 Environmental impact\nassessment\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Outline of environmental impact assessment","content":"102 Outline of environmental impact assessment\n(1) Formal assessment of a development proposal’s potential\nenvironmental impact (environmental impact assessment) is\nrequired for certain proposals.\n(2) Environmental impact assessment is typically in the form of an\nenvironmental impact statement (see s 105), but in some cases a\nproponent may instead apply for an opinion indicating that the\nproposal is not likely to have a significant adverse environmental\nimpact (an environmental significance opinion) (see s 138).\n(3) A development application for a development proposal requiring\nenvironmental impact assessment must include a finalised EIS or an\nenvironmental significance opinion (see s 166 (2) (d)).\n(4) If an environmental significance opinion is given for a proposal, the\nproposed development is no longer a significant development.\n(5) Environmental impact assessment is taken into account in deciding a\ndevelopment application but is not itself a development application\nor a development approval process.\n(6) This section is intended only as a guide to readers.\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Outline of EIS process","content":"103 Outline of EIS process\n(1) If this Act requires an EIS for a development proposal, the proponent\nof the proposal must apply to the territory planning authority for a\ndocument to identify the matters to be addressed in the EIS\n(see s 109).\n(2) The territory planning authority must prepare and give a scoping\ndocument to the proponent (see s 109 to s 111).\n\nOutline and key concepts Division 6.3.1\n(3) The proponent must prepare a draft EIS (see s 112).\n(4) The territory planning authority must publicly notify the draft EIS\n(see s 114), and anyone may make a representation about the\ndraft EIS (see s 115).\n(5) The proponent must revise the draft EIS and give the revised EIS to\nthe territory planning authority (see s 118).\n(6) The territory planning authority must consider the EIS (see s 121)\nand—\n(a) accept the EIS (see s 121 (2)); or\n(b) give the proponent another opportunity to revise the EIS\n(see s 122); or\n(c) reject the EIS (see s 123).\n(7) If the territory planning authority accepts an EIS, the authority\n(a) give the EIS to the Minister (see s 125); and\n(b) prepare an EIS assessment report (see s 126).\n(8) After receiving an EIS, the Minister may—\n(a) establish an inquiry panel to inquire about the EIS (see s 132);\nor\n(b) give the authority a notice of no action on the EIS (see s 127).\n(9) An EIS generally expires 5 years after the day it is finalised\n(see s 131).\n(10) This section is intended only as a guide to readers.\n\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Meaning of significant adverse environmental impact","content":"104 Meaning of significant adverse environmental impact\n(1) For this Act, an adverse environmental impact is significant if—\n(a) the environmental function, system, value or entity that might\nbe adversely impacted by a proposed development is significant;\nor\n(b) the cumulative or incremental effect of a proposed development\nmight contribute to a substantial adverse impact on an\nenvironmental function, system, value or entity.\n(2) In deciding whether an adverse environmental impact is significant,\nthe following matters must be taken into account:\n(a) the kind, size, frequency, intensity, scope and length of time of\nthe impact;\n(b) the sensitivity, resilience and rarity of the environmental\nfunction, system, value or entity likely to be affected.\n(3) In deciding whether a development proposal is likely to have a\nsignificant adverse environmental impact, it does not matter whether\nthe adverse environmental impact is likely to occur on the site of the\ndevelopment or elsewhere.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"When EIS is required","content":"105 When EIS is required\n(1) An EIS is required for a development proposal if—\n(a) the proposal is prescribed by regulation; or\n(b) the Minister makes a declaration in relation to the proposal\nunder section 106; or\n\nEIS requirements Division 6.3.2\n(c) the Commonwealth Minister responsible for administering the\nEPBC Act advises the Minister in writing that the proposed\ndevelopment—\n(i) is a controlled action under that Act, section 78 (Minister\nmay request more information for making decisions); and\n(ii) does not require assessment under that Act, part 8\n(Assessing impacts of controlled actions) because a\nbilateral agreement between the Commonwealth and the\nTerritory under that Act allows the proposal to be assessed\nunder this Act; or\n(d) the Public Health Act Minister makes a declaration under the\nPublic Health Act 1997, section 134 in relation to a development\napplication for the proposal and—\n(i) the application is publicly notified; and\n(ii) the declaration is made during the public notification\nperiod for the application.\n(2) However, an EIS is not required for a development proposal if an\nenvironmental significance opinion has been given for the proposal.\nNote See s 138 for when a proponent may apply for an environmental\nsignificance opinion.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"EIS—declaration by Minister","content":"106 EIS—declaration by Minister\n(1) The Minister may, in writing, declare that an EIS must be undertaken\nfor a development proposal.\n(2) However, the Minister must not make a declaration in relation to the\ndevelopment proposal unless satisfied on reasonable grounds that\nthere is a risk of significant adverse environmental impact from the\nproposed development.\nNote The Minister may publish guidelines about how the Minister will exercise\npower under this section (see s 519).\n\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Effect of declaration made after development application","content":"107 Effect of declaration made after development application\n(1) This section applies to a development application if, after the\napplication is made—\n(i) the Minister makes a declaration under section 106 in\nrelation to the development proposal to which the\napplication relates; or\n(ii) the Public Health Act Minister makes a declaration under\nthe Public Health Act 1997, section 134 in relation to the\n(b) the application does not satisfy the application requirements for\na development requiring environmental impact assessment.\n(2) The development application is taken to have been withdrawn.\n(3) The territory planning authority must give the applicant notice of the\neffect of this section.\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Designated proponents for certain EIS decisions","content":"108 Designated proponents for certain EIS decisions\n(1) The relevant Minister in relation to a defined decision may, in writing,\ndesignate a person or territory authority as the proponent in relation\nto the decision.\ndefined decision means a decision of the Territory, the Executive, a\nMinister or a territory authority about a proposal in relation to which\na Minister is empowered—\n(a) to direct that an EIS be prepared; or\n(b) to establish an inquiry panel to inquire about the EIS.\n\nScope of EIS Division 6.3.3\nrelevant Minister means the Minister responsible for the\nadministration of the Act or subordinate law under which—\n(a) in relation to an EIS or inquiry—the EIS or inquiry is authorised\nto be prepared or conducted; or\n(b) in relation to a defined decision—the relevant decision is\nauthorised to be made.\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Application for EIS scoping document","content":"109 Application for EIS scoping document\n(1) A proponent of a development proposal must apply to the territory\nplanning authority under this section if an EIS is required under\nsection 105 for the proposal.\n(a) identify the matters that are to be addressed by an EIS in relation\nto the development proposal; and\n(b) prepare a document of the matters (the scoping document); and\n(c) publish the application for the scoping document and documents\nin support of the application on the authority’s website.\nNote The time for giving a scoping document to the applicant is set out in\ns 111.\n(3) A regulation may prescribe consultation requirements for the\npreparation of a scoping document.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Contents of scoping document","content":"110 Contents of scoping document\n(1) The matters identified in the scoping document for a development\nproposal must include any minimum content for scoping documents\nprescribed by regulation.\n\n(2) The territory planning authority may, in the scoping document for a\ndevelopment proposal—\n(a) require the proponent to engage a consultant to help prepare an\nEIS for the proposal; and\n(b) set a shorter period within which a draft EIS must be provided\nto the authority under section 112; and\n(c) request any other information relevant to the proposal.\nconsultant means a person who satisfies the criteria prescribed by\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Time to provide scoping document","content":"111 Time to provide scoping document\n(1) The territory planning authority must give a scoping document for a\ndevelopment proposal to the proponent of the proposal within—\n(a) 30 working days after the day the proponent makes an\napplication under section 109; or\n(b) if the chief planner extends the period to give the scoping\ndocument under subsection (2)—the extended period.\n(2) The chief planner may, in writing, extend the period to give a scoping\ndocument for a development proposal if satisfied that, because of the\ncomplexity of the proposal and the consultation required, the\nextension is necessary.\n(3) The chief planner must give written notice of an extension under\nsubsection (2) to the proponent of the development proposal.\n\nDrafting EIS Division 6.3.4\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Preparing draft EIS","content":"112 Preparing draft EIS\n(1) After the territory planning authority gives a scoping document for a\ndevelopment proposal to the proponent of the proposal, the proponent\n(a) prepare a document that addresses each matter raised in the\nscoping document (a draft EIS); and\n(b) give the draft EIS to the territory planning authority for public\nnotification within—\n(i) 18 months starting on the day after the scoping document\nis completed; or\n(ii) if a shorter period was set under section 110 (2) (b)—the\nshorter period; or\n(iii) if the authority extends the period to give the draft EIS\nunder subsection (2)—the extended period.\n(2) The territory planning authority may extend the period for the\nproponent to give a draft EIS to the authority, but only once.\n","sortOrder":114},{"sectionNumber":"113","sectionType":"section","heading":"Recent studies to support draft EIS","content":"113 Recent studies to support draft EIS\n(1) This section applies if the expected environmental impact of a\ndevelopment proposal has been addressed by a recent study, whether\nor not the recent study relates directly to the development proposal.\nExamples—recent study that may address the expected environmental\nimpact of a development proposal\n1 a report about the ecological value of an area\n2 an environmental impact statement under the EPBC Act, pt 8 (Assessing\nimpacts of controlled actions)\n3 an endorsed policy, plan or program under the EPBC Act, pt 10 (Strategic\nassessments)\n\n(2) The draft EIS may refer to the recent study to address a matter\nidentified in the scoping document for the proposal.\n(3) In deciding whether the environmental impact of the proposal has\nbeen sufficiently addressed by the recent study, the territory planning\nauthority must consider—\n(a) whether the recent study was conducted by an appropriately\nqualified person with relevant expertise and experience in\nrelation to the environmental values of the land in the proposal;\nand\n(b) if the recent study does not relate directly to the proposal—\nwhether the study is sufficiently detailed to allow assessment of\nthe environmental impacts likely to occur if the proposal\nproceeds; and\n(c) whether the part of the recent study relevant to the proposal\nrequired public consultation through a statutory process or as\npart of a government policy development.\nExample—par (c)\nthe public consultation process for a draft major plan amendment under div 5.2.3\n(4) If the recent study is more than 18 months old, the draft EIS must\ninclude a statement, from an appropriately qualified person with no\ncurrent professional relationship with the proponent, verifying that\nthe information in the recent study is current.\nrecent study means a study that is less than 5 years old.\n\nConsultation on EIS Division 6.3.5\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"Public notification of draft EIS","content":"114 Public notification of draft EIS\nThe territory planning authority must do the following things in\nrelation to a draft EIS to publicly notify the draft EIS:\n(a) give public notice stating—\n(i) that the draft EIS is available for public inspection and for\npurchase at stated places and times; and\n(ii) how representations may be made on the draft EIS; and\n(iii) the period, at least 30 working days, during which\nrepresentations may be made on the draft EIS (the public\nconsultation period);\n(b) make 1 or more copies of the draft EIS available as stated in the\npublic notice;\n(c) make a copy of the draft EIS available on the authority website;\n(d) display a sign on the site of the development to which the\ndraft EIS relates stating the matters under paragraph (a).\n","sortOrder":116},{"sectionNumber":"115","sectionType":"section","heading":"Representations about draft EIS","content":"115 Representations about draft EIS\n(1) Anyone may make a representation about a draft EIS publicly notified\nunder section 114.\n(2) A representation about a draft EIS must be made during the public\nconsultation period for the draft EIS.\n(3) The territory planning authority may give public notice to extend the\npublic consultation period.\n(4) If the territory planning authority extends the public consultation\nperiod, the authority must give the proponent of the development\nproposal written notice of the extension.\n\n(5) A person who makes a representation about a draft EIS may, in\nwriting, withdraw the representation at any time before the territory\nplanning authority accepts the EIS under section 121 (2) (a).\n","sortOrder":117},{"sectionNumber":"116","sectionType":"section","heading":"Publication of representations about draft EIS","content":"116 Publication of representations about draft EIS\n(1) This section applies if a person makes a representation about a\ndraft EIS in accordance with the public notice for the draft EIS under\nsection 114.\n(a) make a copy of the representation available on the authority\nwebsite until—\n(i) the EIS is finalised; or\n(ii) the representation is withdrawn; and\n(b) give a copy of the representation to the proponent of the\ndevelopment proposal as soon as practicable after the public\nconsultation period for the draft EIS ends.\nNote This section is subject to s 502 and s 503.\n","sortOrder":118},{"sectionNumber":"117","sectionType":"section","heading":"Entity consultation on draft EIS","content":"117 Entity consultation on draft EIS\nThe territory planning authority may—\n(a) consult on a draft EIS with any entity prescribed for\nsection 109 (3); and\n(b) give a copy of any submission made by the entity to the\nproponent of the development proposal.\n\nRevision of EIS Division 6.3.6\n","sortOrder":119},{"sectionNumber":"Div 6","sectionType":"division","heading":"3.6 Revision of EIS","content":"Division 6.3.6 Revision of EIS\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Revision of draft EIS","content":"118 Revision of draft EIS\n(1) After the public consultation period for a draft EIS, the territory\nplanning authority must give the proponent of the development\nproposal written notice of the period within which the proponent\n(a) revise the draft EIS; and\n(b) give the revised EIS to the authority.\n(2) The period in subsection (1) must be at least 30 days, but not more\nthan 18 months, after the day the territory planning authority gives\nthe notice.\n(3) The territory planning authority may extend the period in\nsubsection (1), but only once.\n(4) The revised EIS must—\n(a) address each matter identified in the scoping document for the\ndevelopment proposal; and\n(b) if a matter is raised in a representation made during the public\nconsultation period—address the matter and demonstrate how\nthe matter has been taken into account; and\n(c) if a matter is raised in a submission under section 117 for the\ndraft EIS—address the matter and demonstrate how the matter\nhas been taken into account.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Public notification of revised EIS","content":"119 Public notification of revised EIS\n(1) The territory planning authority may publicly notify a revised EIS as\nif it were a draft EIS under section 114 if the authority is satisfied\n(a) the revised EIS is significantly different from the draft EIS; and\n\n(b) public notification of the revised EIS is justified because of the\ndifference.\n(2) However, there is no minimum period during which representations\nmay be made on a revised EIS.\nNote Normally the public consultation period for a draft EIS cannot be less\nthan 30 working days (see s 114 (a) (iii)), but this does not apply to a\nrevised EIS.\n(3) If the territory planning authority publicly notifies a revised EIS, the\nfollowing provisions apply to the revised EIS as if it were a draft EIS:\n(a) section 115 (Representations about draft EIS);\n(b) section 116 (Publication of representations about draft EIS);\n(c) section 117 (Entity consultation on draft EIS);\n(d) section 118 (Revision of draft EIS).\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Rejection of EIS before consideration","content":"120 Rejection of EIS before consideration\n(1) This section applies if the proponent of a development proposal fails\nto give the territory planning authority a revised EIS within the time\nrequired by a written notice under section 118 (1).\n(2) The territory planning authority must reject the EIS and give the\nproponent written notice of the rejection.\nNote If the EIS is rejected, the EIS process ends and a new process must be\nstarted.\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Authority consideration of EIS","content":"121 Authority consideration of EIS\n(1) This section applies if the proponent of a development proposal gives\nthe territory planning authority a revised EIS—\n(a) within the time required by written notice under section 118 (1);\nor\n\nConsideration of EIS Division 6.3.7\n(b) in accordance with a written notice under section 122 (2).\n(a) if satisfied that the revised EIS meets the requirements\nmentioned in section 118 (4)—accept the revised EIS; or\n(b) if section 122 applies—take action under section 122; or\n(c) if section 123 applies—take action under section 123.\n(3) In making a decision under this division, the territory planning\nauthority must consult each entity that made a submission to the\nauthority about the scoping document for the draft EIS under\nsection 109 (3).\n","sortOrder":124},{"sectionNumber":"122","sectionType":"section","heading":"Chance to address unaddressed matters","content":"122 Chance to address unaddressed matters\n(1) This section applies in relation to a revised EIS for a development\nproposal if the territory planning authority—\n(a) is not satisfied that the revised EIS meets the requirements\nmentioned in section 118 (4); and\n(b) has not given a second written notice in relation to the revised\nEIS under subsection (2).\n(2) The territory planning authority must give the proponent of the\ndevelopment proposal written notice stating the following:\n(a) that the authority does not accept the EIS;\n(b) why the authority does not accept the EIS;\n(c) that the proponent must provide a new revised EIS within a\nstated period of at least 20 working days.\n","sortOrder":125},{"sectionNumber":"123","sectionType":"section","heading":"Rejection of EIS after consideration","content":"123 Rejection of EIS after consideration\n(1) This section applies if the territory planning authority gives the\nproponent of a development proposal a second written notice under\nsection 122.\n\n(2) The territory planning authority must reject the revised EIS if—\n(a) the proponent does not provide a new revised EIS within the\nperiod stated in the notice; or\n(b) the proponent responds within the period stated in the notice but\nthe authority remains unsatisfied in relation to a matter\nmentioned in section 118 (4).\nNote If the EIS is rejected, the EIS process ends and a new process must be\nstarted.\n","sortOrder":126},{"sectionNumber":"124","sectionType":"section","heading":"Cost recovery","content":"124 Cost recovery\nThe territory planning authority may recover from the proponent of a\ndevelopment proposal to which an EIS relates the direct and indirect\ncosts incurred by the authority—\n(a) in preparing an EIS assessment report for the proposal under\nsection 126; and\n(b) in engaging a consultant to assist with the collection or analysis\nof information relevant to the authority’s assessment of matters\nunder any of the following provisions:\n(i) section 109 (3) (Application for EIS scoping document);\n(ii) section 120 (Rejection of EIS before consideration);\n(iii) section 121 (3) (Authority consideration of EIS);\n(iv) section 122 (Chance to address unaddressed matters);\n(v) section 123 (Rejection of EIS after consideration).\n\nConsideration of EIS Division 6.3.7\n","sortOrder":127},{"sectionNumber":"125","sectionType":"section","heading":"Giving EIS to Minister","content":"125 Giving EIS to Minister\n(1) This section applies if the territory planning authority accepts an EIS\nunder section 121 (2) (a).\n(2) However, this section does not apply if the territory planning\nauthority has sent an invoice to the proponent of a development\nproposal for costs recoverable under section 124 and the invoice\nremains unpaid.\n(3) The territory planning authority must give the EIS to—\n(a) the Minister; and\n(b) for a public health EIS—the Public Health Act Minister.\n","sortOrder":128},{"sectionNumber":"126","sectionType":"section","heading":"EIS assessment report","content":"126 EIS assessment report\n(1) If the territory planning authority accepts an EIS under\nsection 121 (2) (a), the authority must prepare a report (an EIS\nassessment report) that—\n(a) confirms that the authority is satisfied in relation to the matters\nmentioned in section 118 (4); and\n(b) may contain additional information about how the authority\ncame to be satisfied in relation to those matters.\n(a) if an EIS is given to the Minister under section 125—give the\nEIS assessment report to the Minister; and\n(b) if a public health EIS is given to the Public Health Act Minister\nunder section 125—give the EIS assessment report to the Public\nHealth Act Minister.\n(3) An EIS assessment report must be published on the authority website.\n\n","sortOrder":129},{"sectionNumber":"127","sectionType":"section","heading":"Notice of no action on EIS","content":"127 Notice of no action on EIS\n(a) the territory planning authority gives the Minister an EIS under\nsection 125; and\n(b) the Minister decides not to establish an inquiry panel to inquire\nabout the EIS.\n(2) The Minister must give the territory planning authority written notice\nthat the Minister has decided to take no action in relation to the EIS.\nNote If the Minister gives notice under this section, the EIS to which the notice\nrelates is finalised (see s 128).\n","sortOrder":130},{"sectionNumber":"128","sectionType":"section","heading":"When EIS is finalised","content":"128 When EIS is finalised\nFor this Act, an EIS (other than a public health EIS) is finalised if—\n(a) the Minister gives the territory planning authority notice under\nsection 127 (Notice of no action on EIS) in relation to the EIS;\nor\n(b) the Minister has established an inquiry panel for the EIS and—\n(i) the panel has reported the results of the inquiry; or\n(ii) the time for reporting under section 134 has ended.\n","sortOrder":131},{"sectionNumber":"129","sectionType":"section","heading":"When public health EIS is finalised","content":"129 When public health EIS is finalised\nFor this Act, a public health EIS is finalised if—\n(a) notice in relation to the EIS is given to the territory planning\nauthority by—\n(i) the Minister under section 127 (Notice of no action on\nEIS); and\n\nFinalisation and expiry of EIS Division 6.3.8\n(ii) the Public Health Act Minister under the Public Health\nAct 1997, section 134 (3) (b); or\n(b) at least 15 working days have elapsed since the EIS was given\nto the Minister and the Public Health Act Minister and—\n(i) the Minister has not decided, within the 15-day period\nmentioned in section 132 (1), to establish an inquiry panel\nto inquire about the EIS; and\n(ii) the Public Health Act Minister has not decided, within the\n15-day period mentioned in the Public Health Act 1997,\nsection 134 (4), that an inquiry panel to inquire about the\nEIS must be established; or\n(c) both of the following apply:\n(i) notice in relation to the EIS is given to the authority by—\n(A) the Minister under section 127; or\n(B) the Public Health Act Minister under the Public\nHealth Act 1997, section 134 (3) (b);\n(ii) at least 15 working days have elapsed since the EIS was\ngiven to the Minister and the Public Health Act Minister\nand—\n(A) if the Minister gave the authority notice in relation to\nthe EIS under section 127—the Public Health Act\nMinister has not decided, within the 15-day period\nmentioned in the Public Health Act 1997, section 134\n(4), that an inquiry panel to inquire about the EIS\nmust be established; or\n(B) in any other case—the Minister has not decided,\nwithin the 15-day period mentioned in\nsection 132 (1), to establish an inquiry panel to\ninquire about the EIS; or\n\n(d) the Minister has established an inquiry panel for the EIS and—\n(i) the panel has reported the results of the inquiry; or\n(ii) the time for reporting under section 134 has ended.\n","sortOrder":132},{"sectionNumber":"130","sectionType":"section","heading":"Publication of finalised EIS","content":"130 Publication of finalised EIS\nA finalised EIS must be published on the authority website.\n","sortOrder":133},{"sectionNumber":"131","sectionType":"section","heading":"When EIS expires","content":"131 When EIS expires\n(1) An EIS expires 5 years after the day it is finalised.\n(2) However, subsection (3) applies if an EIS refers to a recent study in\naccordance with section 113 and—\n(a) the recent study is an environmental impact statement prepared\nunder the EPBC Act, part 8 (Assessing impacts of controlled\nactions) and approval of action in relation to the development\nhas been given under that Act, part 9 (Approval of actions); or\n(b) the recent study is an endorsed policy, plan or program under\nthe EPBC Act, part 10 (Strategic assessments) and approval of\naction in relation to the development has been given under that\nAct, part 10.\n(3) The EIS expires on the latest of—\n(a) the expiry of the approval mentioned in subsection (2) (a) or (b)\n(whichever applies); and\n(b) 5 years after the day the EIS is finalised.\n\nEIS inquiry panels Division 6.3.9\n","sortOrder":134},{"sectionNumber":"132","sectionType":"section","heading":"When to establish inquiry panel","content":"132 When to establish inquiry panel\n(1) The Minister must, within 15 working days after the day an EIS is\ngiven to the Minister under section 125—\n(a) decide whether to establish a panel (an inquiry panel) to inquire\nabout the EIS; and\n(b) if the Minister decides to establish an inquiry panel—tell the\nterritory planning authority about the decision.\n(2) If the Minister decides to establish an inquiry panel to inquire about\nan EIS, the Minister may establish the panel to inquire about 1 or\nmore aspects of the EIS.\n(3) However, if the Public Health Act Minister gives notice under the\nPublic Health Act 1997, section 134 that a panel to conduct an inquiry\nabout an EIS should be established, the Minister must establish an\ninquiry panel to inquire in relation to the effects on public health of\nthe proposal that is the subject of the EIS.\n(4) If the Minister establishes an inquiry panel to inquire about an EIS,\nthe Minister must—\n(a) prepare terms of reference for the inquiry; and\n(b) give written notice of the inquiry to the proponent of the\ndevelopment proposal to which the EIS relates.\n(5) The terms of reference are a notifiable instrument.\n","sortOrder":135},{"sectionNumber":"133","sectionType":"section","heading":"How to establish inquiry panel","content":"133 How to establish inquiry panel\n(1) The Minister establishes an inquiry panel for an EIS by—\n(a) appointing 1 or more people to the panel; and\n(b) preparing written terms of reference for the inquiry.\n\n(2) If the Minister appoints more than 1 person to an inquiry panel, the\nMinister must, in writing, nominate a person appointed to be the\npresiding member of the panel.\n(3) However, the Minister must not appoint a person to an inquiry panel\nunless satisfied that the person has the expertise necessary to exercise\nthe functions of the panel in relation to the matter inquired into.\n(4) Also, the Minister must not appoint any of the following people to an\ninquiry panel for an EIS:\n(a) the chief planner;\n(b) a member of the territory planning authority’s staff;\n(c) a member of the city renewal authority’s staff;\n(d) a member of the suburban land agency’s staff;\n(e) a person prescribed by regulation in relation to the EIS.\n","sortOrder":136},{"sectionNumber":"134","sectionType":"section","heading":"Time for reporting by inquiry panels","content":"134 Time for reporting by inquiry panels\n(1) An inquiry panel must report in writing to the Minister on the result\nof the inquiry within—\n(a) 60 working days after the day the Minister establishes the panel;\nor\n(b) if the period under paragraph (a) is extended under\nsubsection (2)—the extended period.\n(2) The Minister may, on application by the panel, extend by written\nnotice the period for reporting.\n","sortOrder":137},{"sectionNumber":"135","sectionType":"section","heading":"Inquiry panel findings and report to be independent","content":"135 Inquiry panel findings and report to be independent\n(1) The report of an inquiry panel must be the view of the inquiry panel\nbased on the findings of the panel.\n(2) The Minister must not direct an inquiry panel in relation to the\nfindings or report of the panel.\n\n","sortOrder":138},{"sectionNumber":"136","sectionType":"section","heading":"Protection of people on inquiry panels from liability","content":"136 Protection of people on inquiry panels from liability\n(1) A person appointed to an inquiry panel is not personally liable for\nanything done, or omitted to be done, honestly and without\nrecklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any liability that would, apart from this section, attach to a person\nappointed to an inquiry panel attaches instead to the Territory.\n","sortOrder":139},{"sectionNumber":"137","sectionType":"section","heading":"Recovery of inquiry panel costs","content":"137 Recovery of inquiry panel costs\nThe direct and indirect costs to the Territory of conducting an inquiry\nabout an EIS are recoverable from the proponent of the development\nproposal to which the EIS relates.\nExample—indirect costs\nthe administrative overheads of staff exercising functions in relation to the inquiry\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n","sortOrder":140},{"sectionNumber":"138","sectionType":"section","heading":"Application for environmental significance opinion","content":"138 Application for environmental significance opinion\n(1) A proponent may apply for an environmental significance opinion for\na proposal if a regulation states that an opinion may be given for the\nNote An EIS is not required for a proposal if an environmental significance\nopinion is given for it (see s 105 (2)).\n(2) A regulation may prescribe an agency to which a proponent may\napply for an environmental significance opinion (the relevant\nagency).\n\n","sortOrder":141},{"sectionNumber":"139","sectionType":"section","heading":"Environmental significance opinions given by authority","content":"139 Environmental significance opinions given by authority\n(1) If the territory planning authority is the relevant agency for an\nenvironmental significance opinion, the authority must not give an\nopinion unless it has consulted each of the following entities:\n(a) the work health and safety commissioner;\n(b) the environment protection authority;\n(c) the emergency services commissioner;\n(d) the technical regulator under the Utilities (Technical\nRegulation) Act 2014, section 77;\n(e) the director-general of the administrative unit responsible for the\nHealth Act 1993;\n(f) if an area adjacent to the ACT could be adversely affected by\ndevelopment that is the subject of the development proposal—\nthe council for the area;\n(g) an entity prescribed by regulation.\narea—see the Local Government Act 1993 (NSW), dictionary.\ncouncil—see the Local Government Act 1993 (NSW), dictionary.\n","sortOrder":142},{"sectionNumber":"140","sectionType":"section","heading":"Deciding environmental significance opinion application","content":"140 Deciding environmental significance opinion application\n(1) A relevant agency may, by written notice, require an applicant for an\nenvironmental significance opinion to give more information in\nsupport of the application.\n(2) The notice must state the period, not shorter than 20 working days,\nwithin which the applicant must respond to the notice.\n(3) The relevant agency may refuse to decide the application if the\nrequested information is not given to the agency within the stated\nperiod.\n\n(4) A relevant agency deciding an application must—\n(a) if the relevant agency considers that the proposal is not likely to\nhave a significant adverse environmental impact—give the\nenvironmental significance opinion; or\n(b) if the relevant agency considers that the proposal is not likely to\nhave a significant adverse environmental impact if the\ndevelopment satisfies certain conditions—give the\nenvironmental significance opinion subject to the stated\nconditions (a conditional environmental significance opinion);\nor\n(c) reject the application.\nNote If a conditional environmental significance opinion has been given for a\ndevelopment, the development approval must include a condition that the\ndevelopment comply with the condition in the environmental\nsignificance opinion (see s 187 (1) (d)).\nIn addition, an application to amend a development approval must be\nrefused if the changed development proposal would be in breach of a\ncondition included in the approval relating to a conditional environmental\nsignificance opinion (see s 206 (2) (a)).\n(5) If a relevant agency other than the territory planning authority rejects\nthe application, the relevant agency must give written notice of the\nrejection to the authority.\n(6) If the territory planning authority rejects the application or receives\nnotice under subsection (5), the authority must give written notice of\nthe rejection to the applicant.\n(7) A relevant agency is taken to have rejected an application for an\nenvironmental significance opinion if the agency does not give the\nopinion or notice under subsection (5) within—\n(a) if no information is requested under subsection (1)—30 working\ndays after the application is made to the agency; or\n\n(b) if information is requested and the information is given to the\nagency—30 working days after the information is given to the\nagency; or\n(c) if information is requested and the information is not given to\nthe agency within the period stated—30 working days after the\nstated period has ended.\n(8) However, the relevant agency may decide the application despite the\nrejection of the application under subsection (7).\n","sortOrder":143},{"sectionNumber":"141","sectionType":"section","heading":"Costs of environmental significance opinion","content":"141 Costs of environmental significance opinion\n(1) A relevant agency may recover from an applicant for an\nenvironmental significance opinion the direct and indirect costs\nincurred by the agency—\n(a) in deciding an application for the opinion; and\n(b) in preparing the opinion; and\n(c) in engaging a consultant to assist with deciding the application\nor preparing the opinion.\n(2) If the relevant agency has sent an invoice to the applicant for the costs\nrecoverable under subsection (1), the agency must give a copy of the\ninvoice to the territory planning authority.\n(3) Despite section 140 (4) and (5), the relevant agency may wait until\nthe invoice has been paid by the applicant before giving the\nenvironmental significance opinion or giving notice under\nsection 140 (5).\n","sortOrder":144},{"sectionNumber":"142","sectionType":"section","heading":"Notice of environmental significance opinion","content":"142 Notice of environmental significance opinion\n(1) This section applies to an environmental significance opinion given\nby a relevant agency to the applicant for the opinion.\n\n(2) The relevant agency must give a copy of the environmental\nsignificance opinion to the territory planning authority when the\nopinion is given to the applicant.\n(3) The territory planning authority must prepare a notice including the\ntext of the environmental significance opinion and publish it on the\n(4) An environmental significance opinion and the notice including the\ntext of the opinion expire 18 months after the day the opinion is given\nto the applicant.\n(5) Giving an environmental significance opinion does not limit any\npower the relevant agency has under this Act or any other territory\nlaw.\n\n","sortOrder":145},{"sectionNumber":"Part 7","sectionType":"part","heading":"Development assessment and","content":"Chapter 7 Development assessment and\n","sortOrder":146},{"sectionNumber":"143","sectionType":"section","heading":"Outline—ch 7","content":"143 Outline—ch 7\n(1) This chapter sets out the following:\n(a) the main types of development;\n(b) requirements for development approval;\n(c) the development approval process.\n(2) The main types of development are as follows:\n(a) assessable development needs development approval and\nincludes significant development under chapter 6;\n(b) prohibited development is unlawful unless development\napproval is allowed under division 7.3.1;\n(c) exempt development does not need development approval.\n(3) This section is intended only as a guide to readers.\n","sortOrder":147},{"sectionNumber":"144","sectionType":"section","heading":"Meaning of decision-maker—ch 7","content":"144 Meaning of decision-maker—ch 7\ndecision-maker—\n(a) for a development application, means—\n(i) if the application is for the removal of the concessional\nstatus of a lease or for a territory priority project—the\nMinister; and\n\nOutline and important concepts Part 7.1\n(ii) in any other case—the territory planning authority; and\n(b) for a development approval, means—\n(i) if the approval is for the removal of the concessional status\nof a lease or for a territory priority project—the Minister;\nand\n(ii) if the territory planning authority decided the application\nfor the approval under section 185—the authority.\n\n","sortOrder":148},{"sectionNumber":"145","sectionType":"section","heading":"Meaning of exempt development","content":"145 Meaning of exempt development\nexempt development means—\n(a) development that is exempt from requiring development\napproval under—\n(i) section 147 (Exempt development—authorised use); or\n(ii) a regulation; and\n(b) a land management practice undertaken in accordance with\nAboriginal tradition and prescribed by regulation.\nNote The territory planning authority may tell a proponent of a\ndevelopment proposal whether the development is likely to be\nexempt if asked by the proponent (see s 164 and s 165). A person\nmay apply for an exemption assessment to work out whether a\ndevelopment is an exempt development (see s 151).\n(2) For the definition of exempt development, a regulation may not\nexempt any of the following from requiring development approval:\n(a) a significant development;\n(b) a development that is inconsistent with an essential design\nelement identified in a development approval.\nNote Essential design element, of a development proposal—see s 188.\nAboriginal tradition means the customs, rituals, institutions, beliefs\nor general way of life of the traditional custodians of the land.\n\nPreliminary Division 7.2.1\n","sortOrder":149},{"sectionNumber":"146","sectionType":"section","heading":"Meaning of authorised use—pt 7.2","content":"146 Meaning of authorised use—pt 7.2\nauthorised use, of land, or of a building or other structure on land—\n(a) means a use authorised by any of the following:\n(i) a lease;\n(ii) a licence under this Act;\nLand Act 2013;\n(iv) a sign approval or work approval under the Public\nUnleased Land Act 2013;\n(v) a preserved lease; and\n6 months before the use and is renewed within 6 months after\nthe expiry; but\n(c) does not include a use authorised by section 276 (Use of land for\nleased purpose).\n","sortOrder":150},{"sectionNumber":"147","sectionType":"section","heading":"Exempt development—authorised use","content":"147 Exempt development—authorised use\n(1) An authorised use of land, or of a building or other structure on land,\nis exempt from requiring development approval.\n(2) To remove any doubt, an authorised use of a building or other\nstructure on land is exempt from requiring development approval if\nthe construction of the building or other structure is exempt from\nrequiring development approval.\n\n(3) To remove any doubt, if an authorised use of land, or of a building or\nother structure on land, is exempt from requiring development\napproval under subsection (1), the right to use the land, building or\nother structure as authorised does not end only because 1 or more of\nthe following apply:\n(b) someone deals with the lease (the affected lease) that authorises\nthe use;\nunder section 289 (Grant of further leases), whether or not the\ngrant happens immediately after the expiry of the affected lease.\n(4) This section is subject to section 148.\n","sortOrder":151},{"sectionNumber":"148","sectionType":"section","heading":"Authorised use that is not exempt","content":"148 Authorised use that is not exempt\n(1) An authorised use of land, or of a building or other structure on land,\nrequires development approval if—\n(a) earthworks or other construction work is undertaken on the land;\nand\n(b) the work requires development approval.\n(2) Also, an authorised use of land, or of a building or other structure on\nland, requires development approval if—\n(a) a building or other structure is constructed on the land, or a\nbuilding or other structure on the land is altered or demolished;\nand\n(b) the construction, alteration or demolition requires development\n\nPreliminary Division 7.2.1\n(3) Also, an authorised use of land, or of a building or other structure on\nland, requires development approval if—\n(a) the placard quantity or more of a Schedule 11 hazardous\nchemical is to be stored on the land or in the building or other\nstructure; and\n(b) the land, building or other structure is not mentioned in the\nPlanning and Development (Placard Quantity Premises)\nList 2018 (NI2018-532) (repealed).\nplacard quantity—see the Work Health and Safety Regulation 2011,\n","sortOrder":152},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":"hazardous chemical—see the Work Health and Safety","content":"Schedule 11 hazardous chemical—see the Work Health and Safety\nRegulation 2011, dictionary.\nNote Because the use of land, or of a building or other structure on land, is\ndevelopment (see s 14 (1)), if the use of the land, building or other\nstructure stops being exempt under this section, development approval\nwill be required for the use.\n","sortOrder":153},{"sectionNumber":"149","sectionType":"section","heading":"Effect of s 148 on development approval","content":"149 Effect of s 148 on development approval\n(a) there is a development proposal in relation to land; and\n(b) undertaking the proposal would result in an authorised use of the\nland, or of a building or other structure on the land, requiring\ndevelopment approval because of section 148.\n(2) The proponent of the proposal must apply for development approval\nfor—\n(a) the proposal; and\n(b) any authorised use of the land, or of a building or other structure\non the land, that is intended to continue to apply after the\nproposal is undertaken (the proposed use).\n\n(3) In deciding the development application, the decision-maker—\n(a) must not refuse to approve the application only on the ground\nthat, if the application were an application only for the proposed\nuse, the application would be refused; and\n(b) must not approve the application on a condition only because, if\nthe application were an application only for the proposed use,\nthe application would be approved on the condition.\nMaria is the lessee of land for which the authorised uses are retail and commercial\nand on which there are office buildings and shops. Maria wants to undertake\nearthworks to clear an area of vegetation for people to park on the land, which will\nrequire development approval. If the earthworks were undertaken, the authorised\nuses of the land would stop being exempt under s 148.\nIn addition to applying for development approval to undertake the earthworks,\nMaria must also apply for development approval to use the land for retail and\ncommercial purposes.\nThe decision-maker cannot refuse to approve the application, or approve it on a\ncondition, only on the ground that, if the application were only for the use of the\nland for retail purposes or commercial purposes, or use of the office buildings and\nshops, the decision-maker would refuse the application or approve it on conditions.\n","sortOrder":154},{"sectionNumber":"150","sectionType":"section","heading":"Exempt development—no need for approval","content":"150 Exempt development—no need for approval\nAn exempt development may be undertaken without any of the\n(a) a development application;\n(b) a development approval;\n(c) an exemption assessment.\nNote The proposal for the exempt development may still need a building\napproval under the Building Act 2004.\n\nExemption assessments Division 7.2.3\n","sortOrder":155},{"sectionNumber":"151","sectionType":"section","heading":"Application for exemption assessment","content":"151 Application for exemption assessment\n(1) A person may apply to a works assessor or building surveyor\n(the exemption assessor) for an assessment of whether a development\nis an exempt development (an exemption assessment).\nNote Applying for an exemption assessment is not a requirement of the\ndevelopment approval or building approval process (see s 150 and\nBuilding Act 2004, s 14A). If a person believes that a development is an\nexempt development, the person need not apply for an exemption\nassessment from a works assessor or building surveyor.\n(2) An application must be—\n(a) in writing submitted by the applicant; and\n(b) approved in writing by any other prescribed person; and\n(c) accompanied by information, plans and other documents\nprescribed by regulation.\n(3) The application may relate to development that is to be undertaken or\nhas been undertaken.\nbuilding surveyor—see the Construction Occupations (Licensing)\nAct 2004, section 9.\nworks assessor—see the Construction Occupations (Licensing)\nAct 2004, section 14A.\n","sortOrder":156},{"sectionNumber":"152","sectionType":"section","heading":"Exemption assessment and notice","content":"152 Exemption assessment and notice\n(a) a person applies to an exemption assessor for an exemption\nassessment under section 151; and\n(b) the exemption assessor agrees to do the exemption assessment.\n\n(2) The exemption assessor must—\n(a) assess the application; and\n(b) give the applicant a notice (an exemption assessment D\nnotice)—\n(i) stating whether the development is, in the assessor’s\nopinion, an exempt development; and\n(ii) including anything else prescribed by regulation.\n(3) The exemption assessor must give a copy of the exemption\nassessment D notice to the territory planning authority within 5 days\nafter the day the notice is given to the applicant.\n(4) The exemption assessor may, in assessing the application, request\nmore information from the applicant.\n(5) If the applicant does not provide the requested information, the\nexemption assessor need not assess the application or give the\nexemption assessment D notice.\n(6) The exemption assessor may charge a fee for giving the exemption\nassessment D notice.\n","sortOrder":157},{"sectionNumber":"153","sectionType":"section","heading":"Effect of exemption assessment D notice","content":"153 Effect of exemption assessment D notice\n(1) An exemption assessment D notice in relation to a development yet\nto be undertaken certifies that the development is, or is not, an exempt\n(2) An exemption assessment D notice in relation to a development that\nhas been undertaken certifies that the development is, or is not,\nexempt from requiring development approval based on whether the\ndevelopment—\n(a) was exempt from requiring development approval at the time it\nwas done; or\n(b) is currently exempt from requiring development approval.\n\n","sortOrder":158},{"sectionNumber":"Div 7","sectionType":"division","heading":"3.1 Applications for prohibited","content":"Division 7.3.1 Applications for prohibited\ndevelopment—general\n","sortOrder":159},{"sectionNumber":"154","sectionType":"section","heading":"Meaning of prohibited development","content":"154 Meaning of prohibited development\n(1) For this Act, a development is a prohibited development if either of\nthe following applies to the development or a part of the development:\n(a) the development is prohibited under the territory plan;\n(b) for a development that is in a future urban area—\n(i) the development is undertaken by an entity other than the\nTerritory or a territory authority; and\n(ii) the territory plan states that the development is not\n(2) However, if a development is an exempt development and a\nprohibited development, the development is taken not to be a\nprohibited development.\n","sortOrder":160},{"sectionNumber":"155","sectionType":"section","heading":"Development applications prohibited except in stated","content":"155 Development applications prohibited except in stated\ncircumstances\nThe territory planning authority must not accept a development\napplication for approval of a prohibited development other than under\n1 of the following sections:\n(a) section 156 (Applications for development approval in relation\nto use for otherwise prohibited development);\n(b) section 157 (Applications in anticipation of major plan\namendment);\n(c) section 159 (Applications for development encroaching on\nadjoining land if development prohibited).\n\n","sortOrder":161},{"sectionNumber":"156","sectionType":"section","heading":"Applications for development approval in relation to use","content":"156 Applications for development approval in relation to use\nfor otherwise prohibited development\n(1) This section applies to a development proposal in relation to a use of\nland, or of a building or other structure on land, if the use is—\n(a) an authorised use to which section 148 (Authorised use that is\nnot exempt) applies; and\n(b) a prohibited development.\nNote Because the use is not an exempt development, s 154 (2) does not apply.\n(2) A person may apply to the territory planning authority for\ndevelopment approval of the development proposal.\n(3) If an application is made under subsection (2), the use is taken not to\nbe a prohibited development.\nauthorised use, of land, or of a building or other structure on land—\n(a) means a use authorised by—\n(i) a lease; or\n(ii) section 276 (Use of land for leased purpose); or\n(iii) a preserved lease; and\n6 months before the use if the lease is renewed within 6 months\nafter the expiry.\nLisa is the lessee of land on which she operates a service station in accordance with\nthe lease. The territory plan is amended and it now prohibits using land to operate\nservice stations in her area. Lisa is not affected since her existing use of the land as\nauthorised by the lease is a type of exempt development and taken not to be\nprohibited (see s 147 and s 154).\n\nHowever, Lisa has plans to demolish and rebuild the service station. If she does\nthis, her use of the land is no longer exempt (see s 148). Subsection (2) allows Lisa\nto apply for development approval for the development proposal and s (3) provides\nthat the use is taken not to be prohibited development.\n","sortOrder":162},{"sectionNumber":"157","sectionType":"section","heading":"Applications in anticipation of major plan amendment","content":"157 Applications in anticipation of major plan amendment\n(1) This section applies if the territory planning authority has—\n(a) prepared a draft major plan amendment in accordance with\nsection 60; and\n(b) given the draft major plan amendment to the Minister for\napproval under section 67.\n(2) A person may apply for approval of a relevant development proposal\nafter the day the draft amendment is given to the Minister as if the\ndraft amendment were in force.\n(3) The development application must—\n(a) identify the draft amendment; and\n(b) state that the application is made as if the draft amendment were\nin force.\n(4) Despite section 52 (Effect of territory plan)—\n(a) chapter 6 (Significant development), this chapter and chapter 10\n(Leases and licences) apply to the development application as if\nthe draft amendment were in force; and\n(b) the territory planning authority must assess the application as if\nthe draft amendment were in force; and\n(c) the territory planning authority must, in publicly notifying the\ndevelopment application under division 7.5.4 (Public\nnotification of development applications)—\n(i) identify the draft amendment; and\n\n(ii) state that the application is made in accordance with the\nrelevant development proposal, in relation to a draft major plan\namendment, means a development proposal for a prohibited\ndevelopment that would not be prohibited if the draft amendment\nwere in force.\nNote A development application made under this section may be decided only\nif the draft plan amendment has commenced under s 80 or s 81\n(see s 185 (2) (a)).\n","sortOrder":163},{"sectionNumber":"158","sectionType":"section","heading":"Declaration for development encroaching on adjoining","content":"158 Declaration for development encroaching on adjoining\nland if development prohibited\n(1) This section applies to a development proposal in relation to a use of\nland, or of a building or other structure on land, if—\n(a) the land, building or other structure adjoins unleased land or\nland for which the Territory is the registered proprietor\n(the adjoining land); and\n(b) the use would encroach no further onto, over or under the\nadjoining land than the distance prescribed by regulation\n(the encroachment); and\n(c) the use is a prohibited development on the adjoining land.\n(2) A person may apply to the territory planning authority for a\ndeclaration that the development proposal satisfies the following\ncriteria:\n(a) the encroachment is a minor part of the development;\n(b) undertaking the proposal in relation to the adjoining land would\nenable a more logical and appropriate development than if there\nwere no encroachment;\n\n(c) the proposed use of the land would—\n(i) not detract from the amenity of the surrounding area; and\n(ii) promote better land management; and\n(iii) not unreasonably restrict public access to other land;\n(d) the territory planning authority is not prohibited from granting\nby direct sale a lease over the encroachment.\n(3) The application must include—\n(a) if the adjoining land is unleased land—written consent by the\ncustodian of the land to the encroachment; and\n(b) a copy of any written information given to the custodian, with\neach page—\n(i) signed by the custodian; and\n(ii) numbered by stating the page number and the total number\nof pages provided.\n(4) Not later than 10 working days after the day the person applies to the\nterritory planning authority for a declaration under subsection (2), the\nauthority must—\n(a) make the declaration; or\n(b) refuse to make the declaration.\n(5) If the territory planning authority makes the declaration—\n(a) the authority must publish the declaration on the authority’s\nwebsite; and\n(b) the applicant must obtain a lease or licence over the land.\n\n","sortOrder":164},{"sectionNumber":"159","sectionType":"section","heading":"Applications for development encroaching on adjoining","content":"159 Applications for development encroaching on adjoining\nland if development prohibited\n(1) If the territory planning authority has made a declaration under\nsection 158 in relation to a development proposal—\n(a) the applicant for the declaration may apply to the authority for\ndevelopment approval of the proposal; and\n(b) the use is taken not to be a prohibited development on the\nadjoining land.\n(2) Despite section 52 (Effect of territory plan)—\n(a) chapter 6 (Significant development), this chapter and chapter 10\n(Leases and licences) apply to the application as if the territory\nplan were amended in accordance with section 88 (Rezoning—\ndevelopment encroaching on adjoining land) to change the\nboundary of the land consistent with a proposal under\nsection 158; and\n(b) the authority must assess the application as if the territory plan\nwere amended in accordance with section 88.\nNote 1 A development application made under this section may be decided only\nif the territory plan has been amended under s 88 (see s 185 (2) (b)).\nNote 2 The territory planning authority must not grant a lease over an\nencroachment on adjoining land by direct sale unless the territory plan\nhas been amended under s 88 (see s 266 (1) (i)).\nadjoining land—see section 158 (1) (a).\nencroachment—see section 158 (1) (b).\n\nProhibited waste facility development applications Division 7.3.2\nDivision 7.3.2 Prohibited waste facility development\n","sortOrder":165},{"sectionNumber":"160","sectionType":"section","heading":"Object—div 7.3.2","content":"160 Object—div 7.3.2\nThe object of this division is to contribute to the achievement of the\nobject of this Act by limiting the development of new waste facilities\nin the division of Fyshwick.\n","sortOrder":166},{"sectionNumber":"161","sectionType":"section","heading":"Certain development applications for waste facilities","content":"161 Certain development applications for waste facilities\nprohibited\n(1) The territory planning authority must not accept a prohibited waste\nfacility development application.\nhandle, in relation to waste, means store, sort, treat, process, recover,\nrecycle, use, reuse or dispose of waste.\nprohibited waste facility development application means a\ndevelopment application in relation to a development proposal for the\nuse of land in the division of Fyshwick that would, if it were\napproved, permit—\n(a) the use of any part of the land as a waste facility; or\n(b) if the land is used, wholly or partly, as an existing waste\nfacility—an increase in the amount of waste handled on the land\neach year.\nwaste—see the Waste Management and Resource Recovery Act 2016,\nsection 10.\nwaste facility—\n(a) means a site used for the handling of waste and includes—\n(i) an incineration facility; and\n(ii) a landfill site; and\n\nDivision 7.3.2 Prohibited waste facility development applications\n(iii) a recyclable material collection site; and\n(iv) a recycling facility; and\n(v) a waste transfer facility; and\n(vi) a hazardous waste facility; but\n(b) does not include—\n(i) if the handling of waste on a site is ancillary to the site’s\nprimary use—the site; or\n(ii) a site prescribed by regulation.\nExamples——par (b) (i)\n1 a paint supplier that accepts unused paint from its customers\n2 an electrical goods retailer that uses large on-site bins for storing\ncardboard for recycling\n","sortOrder":167},{"sectionNumber":"162","sectionType":"section","heading":"Compensation—safety net","content":"162 Compensation—safety net\n(1) This section applies if, apart from this section, the operation of this\ndivision would result in the acquisition of property from a person\notherwise than on just terms under the Self-Government Act,\nsection 23 (1) (a).\nNote The Legislative Assembly has no power to make a law in relation to an\nacquisition otherwise than on just terms (see Self-Government Act,\ns 23 (1) (a)).\n(2) The Territory must pay reasonable compensation to the person for the\nacquisition in accordance with this section.\n(3) The Territory and the person may agree on an amount of\ncompensation or other terms in satisfaction of the Territory’s\nobligation under subsection (2).\n(4) If there is no agreement under subsection (3), the person may, by\nproceeding in a court of competent jurisdiction, recover from the\nTerritory the reasonable compensation that the court decides.\n\nProhibited waste facility development applications Division 7.3.2\n(5) In deciding what is reasonable compensation, the court—\n(a) must have regard to any payment made to, or other terms agreed\nwith, the person by or on behalf of the Territory in relation to\nthe acquisition; and\n(b) may have regard to the following:\n(i) any reasonable costs incurred by the person in relation to a\nprohibited waste facility development application;\n(ii) any loss in value of land or buildings on the land related to\nthe acquisition;\n(iii) any cost of work lawfully undertaken in developing the\nland for use as a waste facility; but\n(c) must not have regard to any loss of opportunity or future profit\nclaimed by the person because of the acquisition.\nprohibited waste facility development application—see\nsection 161 (2).\n\n","sortOrder":168},{"sectionNumber":"163","sectionType":"section","heading":"Development proposal for lease variation in designated","content":"163 Development proposal for lease variation in designated\narea\nThe following provisions do not apply to a development proposal that\nis a variation of a lease in a designated area:\n(a) section 52 (Effect of territory plan);\n(b) section 64 (Public consultation—notice of interim effect etc);\n(c) a provision of this Act that refers to any part of the territory plan.\nExample—par (c)\ns 189 (1) (a)\n\nPre-application matters Division 7.5.1\nDivision 7.5.1 Pre-application matters\n","sortOrder":169},{"sectionNumber":"164","sectionType":"section","heading":"Consideration of development proposals","content":"164 Consideration of development proposals\n(1) The territory planning authority must consider a development\nproposal if asked by the proponent of the proposal.\n(2) However, the territory planning authority need not consider the\ndevelopment proposal if satisfied that the information provided by the\nproponent in relation to the proposal would not allow the authority to\nprovide adequate advice under section 165.\n(3) The territory planning authority must tell the proponent if, because\nthe authority is satisfied under subsection (2), the authority will not\nconsider the development proposal.\n","sortOrder":170},{"sectionNumber":"165","sectionType":"section","heading":"Advice on development proposals","content":"165 Advice on development proposals\n(1) After considering a development proposal under section 164, the\nterritory planning authority must tell the proponent, in writing, the\nfollowing in relation to the proposal:\n(a) whether the proposed development is likely to be exempt,\nassessable or prohibited development;\nNote A person may apply for an exemption assessment to work out\nwhether a development is an exempt development (see s 151).\n(b) whether the authority considers the proposal is for a significant\ndevelopment and, if so, the additional processes (if any) that\napply in relation to the proposal;\nExamples—additional process\n• design review panel advice\n• EIS\n• environmental significance opinion\n\n(c) whether the authority considers the proposal will be referred to\nan entity under section 170 (When authority must refer\ndevelopment application);\n(d) whether public notification under division 7.5.3 (Referral of\ndevelopment applications) will be required for the application;\n(e) whether the proposed development is consistent with the\nexisting lease applying to the land the subject of the\ndevelopment;\n(f) if the proposal relates to a variation of a nominal rent lease—\n(i) whether a lease variation charge is payable under\ndivision 10.7.3 (Variation of nominal rent leases) in\nrelation to the variation; and\n(ii) the process for determining the charge;\n(g) generally, what additional information may be required.\n(2) The territory planning authority’s advice on a development proposal\nis intended to guide and assist the proponent in understanding the\nlikely development assessment process applying to the proposal.\n(3) However, the territory planning authority is not bound by that advice\nwhen considering a development application made for the\ndevelopment proposal.\n","sortOrder":171},{"sectionNumber":"166","sectionType":"section","heading":"Application for development approval","content":"166 Application for development approval\n(1) The proponent of a development proposal may apply to the territory\nplanning authority for approval to undertake the proposed\ndevelopment (a development application).\n(2) A development application must be—\n(a) in writing and signed by the proponent and any prescribed\n\nMaking a development application Division 7.5.2\n(b) in the form required by the territory planning authority by notice\non the authority website; and\n(c) accompanied by the plans, drawings, specifications,\nassessments and other information and documents—\n(i) sufficient to address each provision of the territory plan\nrelevant to the proposed development; and\n(ii) showing how the application meets each mandatory\nrequirement of a provision of the territory plan; and\n(iii) stating any condition of a previous development approval\nthat affects the proposed development; and\n(iv) showing how the proposed development integrates with\nthe surrounding leases and other approved developments;\nand\n(v) prescribed for this section; and\n(vi) required by the territory plan or another provision of this\nAct; and\n(d) if the development application is mentioned in an item in\nschedule 1, part 1.2, column 2—accompanied by the\ninformation or documents mentioned in the item, column 3.\nNote 1 Other territory laws may provide additional requirements for\ndevelopment applications under this Act (see for eg Unit Titles Act 2001,\ns 166).\nNote 2 Other requirements apply to development applications for subdivision\ndevelopment proposals (see s 43).\nNote 3 Other requirements apply to development applications to vary a\nconcessional lease to remove its concessional status (see s 309).\n(3) A regulation may exempt a development application from a\nrequirement under this section.\n\n(4) The territory planning authority may make guidelines—\n(a) about the preparation of the information and documents\nmentioned in subsection (2) (c); and\n(b) setting out survey information requirements mentioned in\nschedule 1, part 1.2, item 7.\n(5) A guideline is a notifiable instrument.\n(6) A guideline must be published on the authority website.\nNote A development application may be made for development undertaken\nwithout approval (see s 215).\n","sortOrder":172},{"sectionNumber":"167","sectionType":"section","heading":"Development applications—authority may request more","content":"167 Development applications—authority may request more\ninformation\n(1) The territory planning authority may at any time, by written notice,\nask an applicant for development approval to give the authority more\ninformation in relation to the development application.\n(2) The territory planning authority may ask for information under\nsubsection (1) more than once.\n(3) The territory planning authority must publish on the authority\n(a) the notice asking for more information; and\n(b) the information given to the authority by the applicant.\n(4) The development application is taken to have been withdrawn by the\napplicant if the applicant does not give the territory planning authority\nthe information within 18 months after the day it asked for the\nNote A request under this section may affect the time to decide an application\n(see s 192).\n\nMaking a development application Division 7.5.2\n","sortOrder":173},{"sectionNumber":"168","sectionType":"section","heading":"Amendment of development application","content":"168 Amendment of development application\n(1) The territory planning authority may, if asked by an applicant for\ndevelopment approval, amend the development application.\n(2) However, the territory planning authority must not amend the\ndevelopment application unless—\n(a) the request for amendment is signed by the applicant and any\nperson prescribed for section 166 (2) (a); and\n(b) the authority is satisfied that the proposed amended\napplication—\n(i) is substantially the same as the original application; and\n(ii) if the development in the original application was not a\nsignificant development—does not result in the\ndevelopment becoming a significant development; and\n(iii) meets the requirements of section 166 (2) (b) to (d); and\n(c) for land under a land sublease—\n(i) if the applicant is not the sublessee—the sublessee\nconsents, in writing, to the amendment; and\n(ii) if the applicant is not the lessee—the lessee consents, in\nwriting, to the amendment.\n(3) The applicant must submit the information and documents under\nsection 166 (2) (c) sufficient to allow the authority to assess the\nproposed amended application in accordance with subsection (2).\nSch 1, pt 1.2, item 12 requires certain development applications to be accompanied\nby a written endorsement that the proposal is consistent with a development\nagreement. If the development as amended would no longer be covered by the\nendorsement, the applicant must submit an updated endorsement.\n\n(4) The territory planning authority must, not later than 5 working days\nafter the day the information and documents mentioned in\nsubsection (3) are accepted—\n(a) amend the development application; or\n(b) refuse to amend the development application.\n(5) The territory planning authority must publish on the authority\n(a) the request for amendment; and\n(b) the decision made under subsection (4) in response to the\nrequest.\n","sortOrder":174},{"sectionNumber":"169","sectionType":"section","heading":"Correction of development application","content":"169 Correction of development application\n(1) The territory planning authority may, on the authority’s own initiative\nor on application by the applicant, correct a formal error in a\ndevelopment application.\n(2) However, the territory planning authority must not make a correction\nif making the correction would adversely affect someone other than\nthe applicant.\n(3) If the territory planning authority does not tell the applicant that the\nauthority refuses to correct a development application by not later\nthan 5 working days after the day the applicant asks for the correction,\nthe authority is taken to have refused the correction.\n(4) If the territory planning authority corrects a development application\non the authority’s own initiative, the authority must give the applicant\nwritten notice of the correction.\n\n","sortOrder":175},{"sectionNumber":"170","sectionType":"section","heading":"When authority must refer development application","content":"170 When authority must refer development application\n(1) The territory planning authority must refer a development application\nas follows:\n(a) to an entity prescribed by regulation (a referral entity);\n(b) if required by the territory plan—to the entity stated in the\n(c) if the authority is satisfied that a proposed development is likely\nto have a significant adverse environmental impact on a\nprotected matter—to the conservator of flora and fauna;\n(d) if the authority is satisfied that a proposed development is likely\nto have an adverse impact on a matter in which a government\nentity (other than a referral entity) has an interest, or is relevant\nto matters over which a government entity (other than a referral\nentity) has an advisory role—to the government entity;\n(e) if the authority is satisfied that the proposed development is\nlikely to affect a protected tree or declared site—to the\nconservator of flora and fauna.\n(2) However, the territory planning authority need not refer a\ndevelopment application to an entity under subsection (1) if—\n(a) the authority is satisfied that the applicant has adequately\nconsulted the entity—\n(i) in relation to the same development proposal as the\nproposal in the application; and\n(ii) not earlier than 6 months before the day the application is\nmade; and\n(b) the entity agrees in writing to the proposed development.\n\n(3) If the requirements under subsection (2) are met—\n(a) the application is taken to have been referred to the entity; and\n(b) the agreement mentioned in subsection (2) (b) is taken to be\nadvice received in accordance with section 172 in relation to the\ndevelopment application.\n","sortOrder":176},{"sectionNumber":"171","sectionType":"section","heading":"Further entity referral—more information or amended","content":"171 Further entity referral—more information or amended\n(1) This section applies to a development application if—\n(i) the application was referred to an entity under section 170\n(When authority must refer development application); or\n(ii) the development proposal in the application was given to\nthe design review panel for consultation under section 100\n(When design review panel consultation is required); and\n(b) the application (the changed application) is changed in 1 or both\nof the following ways:\n(i) the territory planning authority receives more information\nin relation to the application in response to a request under\nsection 167 (Development applications—authority may\nrequest more information);\n(ii) the territory planning authority amends the application\nunder section 168 (Amendment of development\napplication).\n(a) if the application was referred to an entity under section 170—\nrefer the changed application to that entity; and\n\n(b) if the application was given to the design review panel for\nconsultation under section 100—refer the changed application\nto the design review panel.\n(3) The territory planning authority may refer the changed application to\nan additional entity mentioned in section 170 if the authority\nconsiders that the changed application is likely to have an adverse\nimpact on a matter—\n(a) in which the entity has an interest; or\n(b) in relation to which the entity has an advisory role.\n(4) The territory planning authority need not refer a changed application\nto an entity under subsection (2) if the authority is satisfied the\nchange—\n(a) does not impact on the part of the application in relation to which\nthe entity made comments; and\n(b) is unlikely to raise an issue about which the entity may wish to\ncomment.\n(5) If the territory planning authority decides under subsection (4) not to\nrefer a changed application to an entity, the authority must publish the\ndecision and reasons for the decision on the authority website.\n(6) The territory planning authority must include a brief description of\nthe change to the application if the authority refers the changed\napplication to an entity under this section.\n","sortOrder":177},{"sectionNumber":"172","sectionType":"section","heading":"Entity advice on development applications","content":"172 Entity advice on development applications\n(1) This section applies if a development application is referred to an\nentity under section 170 or section 171.\n\n(2) The entity must give the territory planning authority the entity’s\nadvice in relation to the development application within the number\nof days prescribed by regulation after the day the authority refers the\napplication to the entity.\nNote A written agreement to a development proposal under s 170 (2) (b) is\ntaken to be advice given in accordance with this section in relation to a\ndevelopment application for the proposal (see s 170 (3)).\n","sortOrder":178},{"sectionNumber":"173","sectionType":"section","heading":"Effect of approvals or advice in development applications","content":"173 Effect of approvals or advice in development applications\n(1) This section applies to an entity if the territory planning authority\napproves a development application and—\n(a) if an approval of a development or certification of a thing is\nrequired by an entity before the authority can approve the\ndevelopment application—the entity gave a written approval or\ncertification; or\n(b) if the development application was referred to the entity under\nsection 170 or section 171—the approval is substantially\nconsistent with the entity’s advice.\n(2) The entity must not act inconsistently with the development approval,\ncertification or the advice unless—\n(a) more information in relation to the proposed development\ncomes to the entity’s attention (other than information\nmentioned in subsection (3)); and\n(b) the entity did not have the information when the entity approved\nthe development, certified the thing or gave the advice; and\n(c) the information is relevant to the approval of, or certification or\nadvice in relation to, the development; and\n(d) the entity would not have approved the development, certified\nthe thing or given the advice if the entity had the information.\n\n(3) Subsection (2) (a) does not apply to information in relation to a\ndevelopment proposed in an application if the information—\n(a) was not required in the application; and\n(b) is required by the entity after the application is approved; and\n(c) is consistent in all significant respects with information already\nprovided by the applicant, except that it is more detailed.\n(4) For this section, an entity acts inconsistently with a development\napproval, certification or advice if—\n(a) the entity has—\n(i) approved the application or certified the thing; or\n(ii) given advice that the entity will give an approval or other\nthing in relation to the development; and\n(b) the entity—\n(i) does not give an approval or other thing required for the\ndevelopment; or\n(ii) gives the approval or other thing in a way, or subject to a\ncondition, that prevents the applicant undertaking the\ndevelopment approved.\nExample—advice\nthat the entity will agree to the digging up of a footpath to allow the development\nExample—thing required for development\nthe entity’s agreement to the digging up of a footpath to allow the development\n(5) Also for this section, an entity acts inconsistently with a development\napproval, certification or advice in relation to a development\napplication if—\n(a) the approval, certification or advice states that an activity to\nwhich the approval, certification or advice relates does not\nrequire a particular authorisation (however described); and\n\n(b) the entity prosecutes someone, or takes other compliance action,\nin relation to the activity because the activity is undertaken\nwithout the particular authorisation.\nExample—acting inconsistently\nAn Act prohibits activity A without an approval. The entity responsible for\nadministering the Act gives advice under s 172 that the activity (activity B) in the\napplication does not fall within the description of activity A. The application is\napproved consistent with the advice. The entity cannot prosecute a person for\nundertaking activity B in accordance with the approved application because activity\nB does fall within the description of activity A and the person did not have approval.\nDivision 7.5.4 Public notification of development\n","sortOrder":179},{"sectionNumber":"174","sectionType":"section","heading":"Definitions—div 7.5.4","content":"174 Definitions—div 7.5.4\nadjoins—land adjoins other land if the land touches the other land,\nor is separated from the other land only by a road, reserve, river,\nwatercourse or similar division.\nregistered interest holder, in relation to a lease, means each person\nwith a registered interest in the land described in the lease, other than\nthe applicant for a development application relating to the land.\n","sortOrder":180},{"sectionNumber":"175","sectionType":"section","heading":"Authority must publicly notify development applications","content":"175 Authority must publicly notify development applications\n(1) The territory planning authority must publicly notify a development\napplication by—\n(a) giving public notice of the making of the application on the\nauthority website; and\n(b) if section 176 applies—giving notice in accordance with that\nsection; and\n(c) if section 177 applies—giving notice in accordance with that\nsection; and\n\nPublic notification of development applications Division 7.5.4\n(d) displaying a sign on the land to which the application relates\nstating the development proposed to be undertaken.\n(2) A development application must be notified for the period (the public\nnotification period)—\n(a) prescribed by regulation; or\n(b) if the period prescribed is extended under section 180 (3)—the\nprescribed period as extended.\n(3) A regulation may prescribe a development application that is exempt\nfrom the requirements under—\n(a) subsection (1) (b) and section 176; or\n(b) subsection (1) (a) and (d).\n(4) The validity of a development approval is not affected by a failure by\nthe territory planning authority to comply with this section.\nNote Additional notification requirements apply to development applications\nfor significant development (see s 179).\n","sortOrder":181},{"sectionNumber":"176","sectionType":"section","heading":"Notice of development applications—adjoining land","content":"176 Notice of development applications—adjoining land\n(1) This section applies in relation to a development application if leased\nland (the adjoining land) adjoins the land to which the application\nrelates.\n(2) The territory planning authority must do the following:\n(a) if the adjoining land is occupied—give written notice of the\nmaking of the development application to the registered\nproprietor of the lease at the adjoining land;\n(b) if the adjoining land is unoccupied—give written notice of the\nmaking of the development application to the lessee of the\nadjoining land at the lessee’s last-known address.\n\n(3) The territory planning authority may give written notice of the\nmaking of the development application to a lessee of land that is not\nadjoining land if the authority considers that the land may be affected\nby the proposed development in a way similar to adjoining land.\n(4) The territory planning authority may make a guideline for\nsubsection (3) about how land may be affected by a proposed\ndevelopment to which a development application relates.\n(5) A guideline is a notifiable instrument.\n","sortOrder":182},{"sectionNumber":"177","sectionType":"section","heading":"Notice of development applications—lease variations","content":"177 Notice of development applications—lease variations\n(1) This section applies in relation to a development application if the\napplication is, or includes, a lease variation.\n(2) The territory planning authority must give written notice of the\napplication to each person with a registered interest in the land\ndescribed in the lease (other than the applicant).\n","sortOrder":183},{"sectionNumber":"178","sectionType":"section","heading":"Further public notification—changed application","content":"178 Further public notification—changed application\n(a) a development application is publicly notified (an initial public\nnotification); and\n(b) the development application (the changed development\napplication) is changed in 1 or both of the following ways:\n(i) the territory planning authority receives more information\nin relation to the application in response to a request under\nsection 167 (Development applications—authority may\nrequest more information);\n(ii) the territory planning authority amends the application\nunder section 168 (Amendment of development\napplication); and\n\nPublic notification of development applications Division 7.5.4\n(c) the development application is not for a significant\n(a) publicly notify the changed development application; and\n(b) give written notice of the changed development application to\neach person who made a representation about the development\napplication during the initial public notification.\nNote Publicly notify a development application—see s 175 (1).\n(3) However, the territory planning authority need not publicly notify the\nchanged development application if satisfied there will be no, or\nminimal, increase in—\n(a) the adverse impact of the development; and\n(b) the environmental impact of the development.\n(4) Before making a decision under subsection (3), the territory planning\nauthority must consider—\n(a) the representations (if any) received in response to the initial\npublic notification of the development application; and\n(b) the cumulative impact of the changes to the development\n(5) If the territory planning authority decides not to publicly notify the\nchanged development application, the authority must publish the\ndecision and reasons for the decision on the authority website.\n\n","sortOrder":184},{"sectionNumber":"179","sectionType":"section","heading":"Further public notification—significant development","content":"179 Further public notification—significant development\n(1) This section applies to a development application for a significant\ndevelopment that has been publicly notified for the first time.\n(2) After the public notification period for the development application\nends, the applicant must give a statement to the territory planning\nauthority that includes details of the following:\n(a) entity advice given, and representations made, in relation to the\n(b) how the applicant has addressed the entity advice and\nrepresentations;\n(c) any changes to the application.\n(3) If the territory planning authority is not satisfied that the applicant has\nmet the requirements of subsection (2), the authority may, by written\nnotice, ask the applicant for more information.\nNote A request under this subsection may affect the time to decide an\napplication (see s 192).\n(4) The development application is taken to have been withdrawn by the\napplicant if the applicant does not give the territory planning authority\nthe information within 18 months after the day it asked for the\n(5) As soon as practicable after receiving the statement, the territory\nplanning authority must—\n(a) publish the statement and the development application on the\nauthority website; and\n(b) publicly notify the development application (whether or not the\ndevelopment application has changed).\n(6) The territory planning authority may make a guideline about the\ninformation that must be included in a statement under subsection (2).\n(7) A guideline is a notifiable instrument.\n\nRepresentations about development applications Division 7.5.5\nDivision 7.5.5 Representations about development\n","sortOrder":185},{"sectionNumber":"180","sectionType":"section","heading":"Making representations about development applications","content":"180 Making representations about development applications\n(1) Anyone may make a written representation about a development\napplication that has been publicly notified.\n(2) A representation about a development application must be made\nduring the public notification period for the application.\nNote Public notification period, for a development application—see s 175 (2).\n(3) The territory planning authority may, by public notice, extend the\npublic notification period.\n(4) If the territory planning authority extends the public notification\nperiod, the authority must—\n(a) give the applicant for the development approval written notice\nof the extension; and\n(b) publish the decision to extend the public notification period on\nthe authority website.\n(5) A person who makes a representation about a development\napplication may, in writing, withdraw the representation at any time\nbefore the application is decided.\n(6) To remove any doubt, a representation about a development\napplication—\n(a) may relate to how the development proposed in the application\nmeets, or does not meet, any finding or recommendation of the\nEIS for the development; and\n(b) must not relate to the adequacy of a finalised EIS.\nNote Representations about a draft EIS may be made under s 115.\n\nDivision 7.5.6 Notice of development applications to registrar-general\nDivision 7.5.6 Notice of development applications to\nregistrar-general\n181 Notice of development applications\n(1) The territory planning authority must give written notice of each\ndevelopment application submitted to the authority to the\nregistrar-general for recording under the Land Titles Act 1925,\npart 8A (Record of administrative interests).\n(2) The notice must include the following:\n(a) a description of the development;\n(b) the number allocated to the development application by the\nterritory planning authority;\n(c) the approval status of the application;\nExamples—approval status\n• approved\n• approved on conditions\n• pending\n• refused\n• under review by the ACAT\n(d) anything else prescribed by regulation.\n(3) If the approval status of a development application changes, the\nterritory planning authority must give the registrar-general written\nnotice of the change.\n\nPre-decision advice Division 7.5.7\nDivision 7.5.7 Pre-decision advice\n","sortOrder":186},{"sectionNumber":"182","sectionType":"section","heading":"Authority may give advice","content":"182 Authority may give advice\n(1) The territory planning authority may, at any time before deciding a\ndevelopment application under section 185, give the applicant for the\ndevelopment application advice (pre-decision advice) that, in the\nauthority’s opinion, the application in its current form does not meet\nthe requirements of the territory plan.\n(2) The territory planning authority may give pre-decision advice more\nthan once.\n(3) The territory planning authority may include advisory notes for the\napplicant about recommended changes to the application to meet the\nrequirements of the territory plan.\n(4) The applicant may respond to the pre-decision advice by—\n(a) amending the development application; or\n(b) requesting that the territory planning authority decide the\napplication in its current form under section 185.\nNote A response in accordance with s (4) (b) may affect the time to decide an\napplication (see s 192).\n(5) Pre-decision advice must be published on the authority website.\nDivision 7.5.8 Development applications—\ntermination\n","sortOrder":187},{"sectionNumber":"183","sectionType":"section","heading":"Withdrawal of development applications","content":"183 Withdrawal of development applications\nAn applicant may withdraw a development application at any time\nbefore the application is decided under section 185 (Deciding\ndevelopment applications).\n\nDivision 7.5.8 Development applications—termination\n","sortOrder":188},{"sectionNumber":"184","sectionType":"section","heading":"Refusal, rejection or withdrawal of concurrent documents","content":"184 Refusal, rejection or withdrawal of concurrent documents\n(a) a development application is a concurrent development\n(b) a concurrent document, or a provision of a concurrent document,\nrelating to the application—\n(i) is refused, rejected or withdrawn; or\n(ii) is taken to have been refused, rejected or withdrawn; or\n(iii) for a draft major plan amendment—is revised in a way that\nno longer permits the proposed development.\n(2) The territory planning authority is taken to have refused the\nconcurrent development application.\n(3) The territory planning authority must give the applicant for the\nconcurrent development application written notice of the effect of this\nsection.\nconcurrent document, in relation to a concurrent development\napplication, means—\n(a) if the application is made under section 157 (Applications in\nanticipation of major plan amendment)—the draft major plan\namendment that gives effect to the anticipated plan amendment;\nor\n(b) if the application is made under section 159 (Applications for\nprohibited)—the proposed technical amendment.\n\n","sortOrder":189},{"sectionNumber":"185","sectionType":"section","heading":"Deciding development applications","content":"185 Deciding development applications\n(1) The decision-maker for a development application must—\n(a) approve a development application; or\n(b) approve a development application subject to a condition under\nsection 187; or\n(c) refuse a development application.\nNote 1 A development application to vary a lease granted as a concessional lease\nby surrender and regrant of the lease as a market value lease is subject to\na condition (see s 308).\nNote 2 In some cases a condition may be required (see s 187 (1)).\n(2) However, the decision-maker may decide a concurrent development\napplication only if—\n(a) for an application made under section 157 (Applications in\nanticipation of major plan amendment)—the draft major plan\namendment has commenced under division 5.2.8\n(Commencement and publication of major plan amendments);\nand\n(b) for an application made under section 159 (Applications for\nprohibited)—the minor plan amendment has commenced under\nsection 85 (4).\n(3) A development application for a territory priority project must be\ndecided by the Minister.\n\n(4) Before the Minister decides a development application for a territory\npriority project, the territory planning authority must give the\nMinister information about whether, in its opinion, the proposal meets\nthe requirements of this Act and the territory plan.\n(5) If the territory planning authority approves a development application\nthat relates to a regulated tree or a public tree, the authority may,\nunder this section—\n(a) if a tree management plan is already in force for the tree—\napprove an amendment of, or replacement for, the tree\nmanagement plan; or\n(b) in any other case—approve a tree management plan for the tree.\napprove a development application includes partly approving the\npublic tree—see the Urban Forest Act 2023, section 9, definition of\nprotected tree, paragraph (a) (iii).\nregulated tree—see the Tree Protection Act 2005, section 10 (1).\n","sortOrder":190},{"sectionNumber":"186","sectionType":"section","heading":"Considerations when deciding development applications","content":"186 Considerations when deciding development applications\nIn deciding a development application under section 185, the\ndecision-maker must consider the following:\n(a) any applicable desired outcomes in the territory plan;\n(b) any applicable design guidance in a design guide;\n(c) if the territory planning authority gave pre-decision advice in\nrelation to the application—the pre-decision advice and any\nresponse by the applicant to that advice;\n(d) if the site of the proposed development adjoins another zone—\nwhether the development proposal achieves an appropriate\ntransition between the zones;\n\n(e) the suitability of the proposed development in the context of the\nsite and the site surrounds, including the permissible uses for\nthose areas;\n(f) the probable impact of the proposed development, including the\nnature, extent and significance of probable environmental\nimpacts;\n(g) the interaction of the proposed development with any other\nadjoining or adjacent development proposals for which a\ndevelopment application has been submitted or development\napproval given;\n(h) any representation about the development application received\nby the territory planning authority and not withdrawn;\n(i) any advice given by an entity to which the development\napplication was referred under section 170 (When authority\nmust refer development application) or section 171 (Further\nentity referral—more information or amended application);\n(j) any environmental significance opinion or conditional\nenvironmental significance opinion in relation to the\ndevelopment proposal;\n(k) if the proposed development relates to land that is public land—\nthe public land management plan for the land;\n(l) if the design review panel gave advice on the development\nproposal—the panel’s advice and the applicant’s response to the\npanel’s advice.\n","sortOrder":191},{"sectionNumber":"187","sectionType":"section","heading":"Conditional approvals","content":"187 Conditional approvals\n(1) An approval under section 185 (1)—\n(a) must include any condition required to be included by the\nterritory plan; and\n\n(b) must not include a condition inconsistent with a condition\nrequired to be included by the territory plan; and\n(c) if the development application is for the subdivision of a units\nplan under the Unit Titles Act 2001, section 165B (Subdivision\nof units plan—application)—must include a condition that the\nunits plan is cancelled; and\n(d) if a conditional environmental significance opinion has been\ngiven in relation to the development—must include a condition\nthat the development comply with the condition in the\nenvironmental significance opinion; and\nNote An application to amend a development approval must be refused\nif the changed development proposal would be in breach of the\ncondition relating to the conditional environmental significance\nopinion (see s 206 (2) (a)).\n(e) if the application is for approval of a development on subleased\n(i) may include a condition that the sublessee develops\nunleased land in a stated way; and\n(ii) must not include a condition inconsistent with the lease\nunder which the sublease is granted; and\n(f) if the application is for approval of a development that includes\nworks in a declared site or the protection zone of a protected tree\nunder the Urban Forest Act 2023—must include a condition that\nthe development comply with any of the following that apply in\nrelation to the declared site or the tree:\n(i) a tree management plan;\n(ii) a canopy contribution agreement;\n(iii) a tree bond agreement;\n(iv) any other agreement or undertaking to do something or not\ndo something in relation to the declared site or the tree.\n\n(2) The following are examples of the conditions subject to which\ndevelopment approval in relation to land may be given:\n(a) the development, or a stated stage of the development, must be\nundertaken to the satisfaction of a stated entity;\n(b) the development, or a stated stage of the development, must be\nundertaken within a period stated in or under the approval;\n(c) the approval does not take effect unless a stated approval is\nrevoked, amended or given;\n(d) a lease relating to the land must be varied and the variation\nregistered under the Land Titles Act 1925;\n(e) an existing licence must be varied;\n(f) another approval relating to the land must be surrendered;\n(g) stated things must be done to prevent or minimise adverse\nenvironmental impacts;\n(h) an offset condition;\n(i) for an approval relating to use of the land, or of a building or\nother structure on the land—the use may take place only in\nstated circumstances or at stated times;\n(j) for an approval to undertake a development for a stated period—\n(i) building works or other works undertaken in or on a place\nthe subject of the approval must be removed at the end of\nthe period; or\n(ii) that the site where the development is to take place is to be\nrestored to a particular state at the end of the period;\n(k) a bond must be entered into securing performance against the\nconditions of the approval;\n\n(l) for an approval in relation to a place registered, or nominated for\nprovisional registration, under the Heritage Act 2004—the\napplicant must enter into a heritage agreement under that Act for\nthe conservation of the heritage significance of the place;\n(m) the development must be undertaken to a stated standard;\n(n) stated works, services or facilities that the relevant authority\nconsiders reasonable in the circumstances—\n(i) must be provided by the applicant on or to a place the\nsubject of the approval, or on or to another place; or\n(ii) must be paid for completely or partly by the applicant; or\n(iii) must be provided on or to a place the subject of the\napproval by agreement between the applicant and the\nMinister responsible for the provision of the works,\nservices or facilities;\n(o) a plan, drawing, specification or other document must be\nprepared by the applicant and submitted to the territory planning\nauthority for endorsement before the development, or a stated\nstage of it, starts;\n(p) a change must be made to a plan, drawing, specification or other\ndocument forming part of the application for approval;\n(q) for an approval of a development that proposes to remove a\nprotected tree under the Urban Forest Act 2023, section 21—\nthe applicant must enter into a canopy contribution agreement in\nrelation to the tree’s removal.\n(3) A condition may modify the proposed development to make it\nconsistent with the territory plan.\n\n(4) The territory planning authority may endorse a change to a document\npreviously endorsed in accordance with a condition mentioned in\nsubsection (2) (o) if the change—\n(a) would not make the approval inconsistent with table 210 (When\ndevelopment approvals take effect), item 4; and\n(b) is consistent with the approval, including any conditions of the\n(5) If the change required by a condition mentioned in subsection (2) (o)\nis minor in nature, the condition may be annotated on the document\nand attached to the approval.\ncanopy contribution agreement—see the Urban Forest Act 2023,\nsection 35 (3).\ntree bond agreement—see the Urban Forest Act 2023, section 92 (2).\n","sortOrder":192},{"sectionNumber":"188","sectionType":"section","heading":"Essential design elements","content":"188 Essential design elements\n(1) A decision-maker, or the ACAT, may decide that an element of a\ndevelopment proposal is an essential design element.\n(2) An essential design element—\n(a) must be identified in a development approval; and\n(b) may be marked on a plan.\n","sortOrder":193},{"sectionNumber":"189","sectionType":"section","heading":"Restrictions on development approval","content":"189 Restrictions on development approval\n(1) A decision-maker may approve a development application for a\ndevelopment proposal only if the proposal is consistent with the\n(a) the territory plan;\n(b) for development relating to land described in a rural lease—any\nland management agreement for the land;\n\n(c) for development in relation to which an entity has given advice\nunder section 172—the entity’s advice;\nNote Advice given outside the time required by s 172 is not entity advice\nfor the purpose of that section, but may be considered under\ns 186 (h).\n(d) for development that will affect a registered tree, remnant tree\nlocated on land outside the built-up urban area or declared site—\nthe advice of the conservator of flora and fauna in relation to the\n(e) for development that is likely to have a significant adverse\nenvironmental impact on a matter protected by the\nCommonwealth—any advice given by the Commonwealth\nMinister under section 191 in relation to the matter.\nNote A development application cannot be approved if it is inconsistent with\nthe territory plan (see s 52) or the National Capital Plan (see Australian\nCapital Territory (Planning and Land Management) Act 1988 (Cwlth),\ns 11).\n(2) Subsection (1) (c) and (d) are subject to section 190 (Development\napproval contrary to entity advice).\n(3) If an entity mentioned in subsection (1) (c) suggests conditions for\nthe approval in its advice, the suggested conditions are not entity\nadvice for the purpose of this section.\n(4) Also, if an entity mentioned in subsection (1) (c) fails to give advice\nwithin the time prescribed for section 172—\n(a) the decision-maker may approve the development application\ndespite or without the advice; and\n(b) the validity of the development approval is not affected by the\nentity’s failure.\n\n(5) The decision-maker must refuse the following development\napplications:\n(a) an application for a development proposal involving affected\nresidential premises other than a remediation development;\n(b) an application for a development proposal mentioned in\nsection 105 (When EIS is required) if the finalised EIS or\nenvironmental significance opinion is not provided.\n(6) The decision-maker may refuse the following development\napplications:\n(a) an application in which, or in relation to which, the applicant has\nprovided false or misleading information;\nNote It is an offence to make a false or misleading statement, give false\nor misleading information or produce a false or misleading\ndocument (see Criminal Code, pt 3.4).\n(b) an application if the design review panel has given design advice\nin relation to the development proposal under section 101 and—\n(i) the proponent has not responded to the design advice; or\n(ii) the decision-maker considers the proponent’s response to\nthe design advice unsatisfactory.\naffected building—see the Dangerous Substances Act 2004,\nsection 47I.\naffected residential premises—see the Dangerous Substances\nAct 2004, section 47I.\ndevelopment proposal includes a development proposal as amended\nin accordance with any conditions of approval.\nregistered tree—see the Urban Forest Act 2023, section 10.\n\nremediation development, in relation to affected residential premises,\nmeans—\n(a) the demolition of each affected building on the premises\nincluding asbestos removal related to the demolition; and\n(b) the remediation of the premises.\nremnant tree—see the Urban Forest Act 2023, section 12.\n","sortOrder":194},{"sectionNumber":"190","sectionType":"section","heading":"Development approval contrary to entity advice","content":"190 Development approval contrary to entity advice\n(1) A decision-maker may approve a development application if—\n(a) the application is for—\n(i) a development proposal that is inconsistent with entity\nadvice mentioned in section 189 (1) (c); or\n(ii) a territory priority project that is inconsistent with the\nadvice of the conservator of flora and fauna mentioned in\nsection 189 (1) (d); and\n(b) the proposal or project does not involve a protected matter; and\n(c) the decision-maker has considered both of the following:\n(i) the desired outcomes applying to the proposal under the\n(ii) for a proposal or project requiring an EIS—any reasonable\nalternative development options; and\n(d) the decision-maker is satisfied that acting contrary to the advice\nwill significantly improve the planning outcome to be achieved.\nNote The decision-maker for an application for a territory priority project is\nthe Minister (see s 144).\n\n(2) Also, the chief planner or the Minister may approve a development\napplication if—\n(a) the application is for a significant development that is likely to\nhave a significant adverse environmental impact on a declared\nprotected matter; and\n(b) the proposal is inconsistent with the advice of the conservator of\nflora and fauna mentioned in section 189 (1) (c) in relation to\nthe protected matter; and\n(c) the chief planner or Minister is satisfied that the proposal—\n(i) is consistent with the offsets policy; and\n(ii) would provide a substantial public benefit.\nNote The chief planner or Minister’s approval must be consistent with\napprovals required under the EPBC Act.\n(3) A decision-maker must state in their decision the reasons why they\nwere satisfied of the matters mentioned in subsection (1) (d) or (2) (c).\ndevelopment proposal—see section 189 (7).\n","sortOrder":195},{"sectionNumber":"191","sectionType":"section","heading":"Referral of matter protected by the Commonwealth","content":"191 Referral of matter protected by the Commonwealth\n(a) a decision-maker proposes under section 185 to approve a\ndevelopment application (with or without a condition); and\n(b) the proposed development is likely to have a significant adverse\nenvironmental impact on a matter protected by the\n(2) Before the decision-maker may approve the application, the\ndecision-maker must refer the proposed decision to the\nCommonwealth Minister responsible for administering the EPBC\nAct.\n\n(3) If the Commonwealth Minister does not give the decision-maker\nadvice about the proposed decision within 10 working days after the\nday the decision-maker gives the application to the Commonwealth\nMinister, the decision-maker may approve the application.\nNote If the Commonwealth Minister gives the decision-maker advice\nabout the proposed approval, development approval must not\nbe given unless the development proposal is consistent with the advice\n(see s 189 (1) (e)).\n","sortOrder":196},{"sectionNumber":"192","sectionType":"section","heading":"Time to decide development applications","content":"192 Time to decide development applications\n(1) The maximum time for deciding, under section 185, a development\napplication mentioned in an item in table 192, is the number of\nworking days mentioned in column 3 of the item, starting on the day\nmentioned in column 4 of the item.\n(2) However, if the decision-maker has referred the proposed decision to\nthe Commonwealth Minister under section 191, the time for deciding\nthe development application is increased by 10 working days.\n(3) If the territory planning authority asks for more information in\nrelation to a development application under section 167 or\nsection 179, the time for deciding the application—\n(a) stops on the day the authority asks for the information; and\n(b) recommences on the day the applicant gives the information.\n(4) If an applicant responds to pre-decision advice in relation to a\ndevelopment application under section 182 (4) (b), the time for\ndeciding the application—\n(a) stops on the day the territory planning authority gives the\napplicant the advice; and\n(b) recommences on the day the applicant responds.\n\nTable 192 Maximum number of days to decide development application\nitem\ntype of application\nnumber of\nworking\ndays for\ndecision\nstarting day\n1 development application (other\nthan a concurrent application or\nan application for significant\ndevelopment)—\n(a) if a representation is\nmade under s 180\n(b) if no representation is\nmade under s 180\nthe latest of the following\n(a) the day the\nsubmitted\n(b) if the application is\namended under\ns 168—the day the\namended by the\n2 concurrent development\n10 the latest of the following\n(a) the day the concurrent\nprocess is completed\n(b) the day otherwise\napplying to the\napplication under this\nsection\n3 development application for\nsignificant development\n60 the latest of the following\n(a) the day the\nsubmitted\n(b) if the application is\namended under\ns 168—the day the\namended by the\n\nday the concurrent process is completed, in relation to a concurrent\ndevelopment application, means—\n(a) for an application made under section 157 (Applications in\nanticipation of major plan amendment)—the day the draft major\nplan amendment commences under division 5.2.8\n(Commencement and publication of major plan amendments);\nor\n(b) for an application made under section 159 (Applications for\nprohibited)—the day the minor plan amendment commences\nunder section 85.\nworking day, for a development application mentioned in table 192,\nitem 1 or 3, means a day that is not—\n(a) a Saturday or Sunday; or\n(b) a public holiday in the ACT; or\n(c) a day in the period beginning on 20 December in a year and\nending on 10 January the following year.\n","sortOrder":197},{"sectionNumber":"193","sectionType":"section","heading":"Development applications not decided within time","content":"193 Development applications not decided within time\n(a) the time for deciding a development application has ended; and\n(b) the decision-maker has not decided the application under\n(2) The decision-maker may approve the application under section 185\n(with or without conditions) even if the time for deciding the\napplication has ended.\n\n(3) To remove any doubt, the decision-maker is taken to have decided to\nrefuse an application under the ACT Civil and Administrative\nTribunal Act 2008, section 12 (When no action taken to be decision)\nif the decision-maker has not decided the application under\ndecision of the original decision-maker, the original decision-maker will\nnot be able to approve an application if the ACAT has decided an\napplication for review of the deemed refusal (see ACT Civil and\nAdministrative Tribunal Act 2008, s 69).\n","sortOrder":198},{"sectionNumber":"194","sectionType":"section","heading":"Lease to be varied to give effect to development approval","content":"194 Lease to be varied to give effect to development approval\n(a) a decision-maker approves a development application under\nsection 185; and\n(b) the development consists of or includes a lease variation (other\nthan the variation of a concessional lease to remove its\nconcessional status).\n(2) The territory planning authority must vary the lease in accordance\nwith the terms of the approval.\n(3) This section is subject to part 10.7 (Lease variations).\nNote Table 210, item 4 and item 5 set out when development approvals\nrequiring lease variations take effect.\n","sortOrder":199},{"sectionNumber":"195","sectionType":"section","heading":"Refusal does not affect existing use","content":"195 Refusal does not affect existing use\nThe refusal of a development application in relation to the use of land\ndoes not affect an existing use of land, or use of existing\ndevelopments on the land.\n\nDivision 7.6.2 Notice of decisions on development applications\nDivision 7.6.2 Notice of decisions on development\n196 Notice of decision\n(1) A decision-maker who decides a development application under\nsection 185 (other than an application to remove the concessional\nstatus of a lease) must give written notice of the decision (the decision\nnotice) to—\n(a) the applicant; and\n(b) each person who made a representation under section 180 about\nthe application; and\n(c) each entity to whom the application was referred under\nsection 170 (When authority must refer development\napplication) or section 171 (Further entity referral—more\ninformation or amended application); and\n(d) if the decision is to approve the application under\nsection 185 (1) (a) or (b)—the registrar-general.\n(2) A decision notice given to a person mentioned in subsection (1) (a) or\n(b) must include the following:\n(a) a brief description of the place to which the approval relates;\n(b) a description of the development to which the approval relates;\n(c) the reasons for the decision;\n(d) a summary of any advice in relation to the application received\nfrom an entity (the entity’s advice) under section 172 (Entity\nadvice on development applications);\n(e) if the decision-maker did not follow the entity’s advice in\nmaking the decision—the reasons for not following the advice;\n\nNotice of decisions on development applications Division 7.6.2\n(f) if a development application decision was referred to the\nCommonwealth Minister responsible for administering the\nEPBC Act—a summary of the Commonwealth Minister’s\nadvice (if any);\n(g) a statement about whether the development application is for a\nsignificant development or a territory priority project;\n(h) the date the development application was submitted;\n(i) the date the development application was decided;\n(j) a statement about whether the development application was—\n(i) approved; or\n(ii) approved in part; or\n(iii) refused;\n(k) if any part of the application was approved—\n(i) a statement about whether the approval is subject to\nconditions and, if so, what the conditions are; and\n(ii) the date the approval takes effect; and\n(iii) any essential design elements for the approval; and\n(iv) a summary of any essential design elements marked on a\nplan for the approval;\n(l) anything else prescribed by regulation.\nNote If the notice is given to a person who may apply to the ACAT for review\nof the decision to which it relates, the notice must be a reviewable\ndecision notice (see s 505).\n(3) If a representation in relation to the development application has been\nmade on behalf of 2 or more people (a joint representation) and\n1 person is nominated as the contact person for the representation (the\nnominated person), it is sufficient for subsection (1) (b) if the\ndecision-maker gives the decision notice to the nominated person.\n\nDivision 7.6.3 Reconsideration of decisions on development applications\n(4) A decision notice given to the nominated person is taken to be given\nto each person on behalf of whom the joint representation was made.\n(5) A decision notice must be published on the authority website.\nDivision 7.6.3 Reconsideration of decisions on\ndevelopment applications\n","sortOrder":200},{"sectionNumber":"197","sectionType":"section","heading":"Definitions—div 7.6.3","content":"197 Definitions—div 7.6.3\noriginal application—see section 198 (1) (a).\noriginal decision—see section 198 (1) (a).\nreconsideration application—see section 198 (2).\n","sortOrder":201},{"sectionNumber":"198","sectionType":"section","heading":"Applications for reconsideration","content":"198 Applications for reconsideration\n(a) a development application, or an application for amendment of\na development approval (the original application), is\nconditionally approved (including partly approved) or refused\nby the territory planning authority (the original decision); and\n(b) an application has not previously been made under this section\nfor reconsideration of the original decision; and\n(c) an application has not been made to the ACAT for review of the\noriginal decision.\nNote This section does not apply to a development application, or an\napplication for amendment of a development approval, decided by the\nMinister.\n(2) The applicant for the original application may apply for\nreconsideration of the original decision (the reconsideration\napplication).\n\nReconsideration of decisions on development applications Division 7.6.3\n(3) The reconsideration application must—\n(a) be in writing signed by the applicant; and\n(b) if the application is made by someone other than the lessee of\nthe land to which the application relates and the land is not\nunleased—also be signed by the lessee of the land.\n(4) The reconsideration application must be made not later than—\n(a) 20 working days after the day the applicant is told about the\noriginal decision by the territory planning authority; or\n(b) any longer period allowed by the territory planning authority.\n(5) The reconsideration application must set out the grounds on which\nreconsideration of the original decision is sought.\n(6) A reconsideration application must be published on the authority\n","sortOrder":202},{"sectionNumber":"199","sectionType":"section","heading":"Reconsideration","content":"199 Reconsideration\n(1) If the territory planning authority receives a reconsideration\napplication, the authority must—\n(a) reconsider the original decision; and\n(b) not later than 20 working days after the day the authority\nreceives the application—\n(i) make any decision in substitution for the original decision\nthat the authority could have made on the original\napplication; or\n(ii) confirm the original decision.\n(2) The 20 working days mentioned in subsection (1) may be extended\nfor a stated period by agreement between the territory planning\nauthority and the applicant.\n\nDivision 7.6.3 Reconsideration of decisions on development applications\n(3) In reconsidering the original decision, the territory planning\n(a) need not publicly notify the reconsideration application under\ndivision 7.5.4; but\n(b) must—\n(i) give written notice of the reconsideration application to\nanyone who made a representation under section 180 about\nthe original application; and\n(ii) allow the person reasonable time (that is at least 2 weeks)\nto make a representation on the reconsideration\n(iii) consider any representation made within the time allowed.\nNote Applications for reconsideration must be published on the authority\nwebsite (see s 198 (6)).\n(4) Also, in reconsidering the original decision, the territory planning\n(a) must consider any information available to the authority when it\nmade the original decision and information given in the\nreconsideration application; and\n(b) may consider any other relevant information.\nExample—other relevant information\ninformation from representations\n(5) If the original decision was made on the territory planning authority’s\nbehalf, the authority or someone holding a position senior to the\nposition held by the person who made the original decision must\nreconsider the decision.\n\nReconsideration of decisions on development applications Division 7.6.3\n","sortOrder":203},{"sectionNumber":"200","sectionType":"section","heading":"Effect of ACAT application on reconsideration","content":"200 Effect of ACAT application on reconsideration\n(1) This section applies if, after a reconsideration application is made, an\napplication is made to the ACAT for review of the original decision.\n(2) If the application to the ACAT is made by a third party, the\nreconsideration application is taken to be withdrawn.\n(3) However, if the ACAT makes an order dismissing or striking out the\napplication to the ACAT, the applicant for the reconsideration\napplication may make another reconsideration application not later\nthan 20 working days after the day the order takes effect.\nthird party means an entity other than the applicant for the\ndevelopment approval or the territory planning authority.\n","sortOrder":204},{"sectionNumber":"201","sectionType":"section","heading":"Notice of decisions on reconsideration","content":"201 Notice of decisions on reconsideration\nAs soon as practicable after reconsidering an original decision under\nsection 199, the territory planning authority must give written notice\nof the decision on the reconsideration to—\n(a) the applicant; and\n(b) anyone who was given notice of the reconsideration application\nunder section 199 (3) (b); and\n(c) if the original decision was an approval subject to conditions—\nthe registrar-general.\nNote If the notice is given to a person who may apply to the ACAT for review\nof the decision to which it relates, the notice must be a reviewable\ndecision notice (see s 505).\n","sortOrder":205},{"sectionNumber":"202","sectionType":"section","heading":"No action by authority within time","content":"202 No action by authority within time\n(1) If the territory planning authority does not make a decision within the\ntime for deciding the reconsideration application under section 199,\nthe authority is taken to have confirmed the original decision.\n\n(2) However, the territory planning authority may reconsider the original\napplication under section 199 even if the time for deciding the\napplication ends.\nDivision 7.6.4 Correction and amendment of\ndevelopment approvals\n","sortOrder":206},{"sectionNumber":"203","sectionType":"section","heading":"Correcting development approvals","content":"203 Correcting development approvals\n(1) The territory planning authority may, on its own initiative or on\napplication, correct a formal error in a development approval.\n(2) If the territory planning authority corrects a development approval,\nthe authority must give every approval-holder written notice about\nthe correction.\n","sortOrder":207},{"sectionNumber":"204","sectionType":"section","heading":"Revocation of development approvals","content":"204 Revocation of development approvals\n(1) The territory planning authority may revoke a development\napproval—\n(a) if satisfied that the approval was obtained by fraud or\nmisrepresentation; or\n(b) if the approval is in relation to a place registered or nominated\nfor provisional registration under the Heritage Act 2004 and the\napplicant for the approval is convicted of an offence against\nchapter 13 (Enforcement) or the Heritage Act 2004.\n(2) The territory planning authority must tell the registrar-general about\nthe revocation.\n","sortOrder":208},{"sectionNumber":"205","sectionType":"section","heading":"Applications to amend development approvals","content":"205 Applications to amend development approvals\n(a) a development proposal changes and is no longer covered by the\ndevelopment approval for the development; and\n\nCorrection and amendment of development approvals Division 7.6.4\n(b) section 209 (When development approvals do not require\namendment) does not apply to the changed development\nNote If the development proposal changes in accordance with a condition of\nthe development approval, the change is covered by the approval and this\nsection does not apply.\n(2) The approval-holder may apply to 1 of the following to amend the\ndevelopment approval so that it covers the changed development\nproposal:\n(a) if the application involves amendment of an essential design\nelement—the entity who decided the essential design element\nunder section 188;\n(b) in any other case—the territory planning authority.\n(3) An application under subsection (2) must—\n(a) be in writing signed by the applicant; and\n(b) if the application is made by someone other than the lessee of\nthe land to which the application relates, be signed by—\n(i) if the land to which the application relates is subject to a\nlease—the lessee of the land; or\n(ii) if the land to which the application relates is public land or\nunleased land—the custodian of the land; or\n(iii) in any other case—the territory planning authority; or\n(c) if the application relates to land under a land sublease and—\n(i) the applicant is not the sublessee—also be signed by the\nsublessee; and\n(ii) the applicant is not the lessee—also be signed by the lessee.\n(4) A person who signs an application under subsection (3) (b) (i) or (c)\nis taken to be an applicant in relation to the application.\n\n","sortOrder":209},{"sectionNumber":"206","sectionType":"section","heading":"Deciding applications to amend development approvals","content":"206 Deciding applications to amend development approvals\n(1) In deciding whether to amend a development approval in accordance\nwith an application under section 205, the decision-maker must\nconsider the application, and take action in relation to the application,\nas if—\n(a) the development originally approved is completed; and\n(b) the application is a development application to be decided under\nTony has development approval to build a house (the original approval). Tony\nstarts to build the house, but discovers that he needs an extra room in the house. He\napplies to amend the original approval.\nIn deciding whether to amend the original approval, the territory planning authority\nmust treat the application to amend as if the house has been built in accordance with\nthe original approval, and the application is for approval to add an extra room.\nNote 1 A decision of the territory planning authority to amend a development\napproval subject to a condition, or refuse to amend a development\napproval, may be reconsidered (see s 198 (1) (a)). The approval-holder\nmay apply for review of a decision under s 199 (1) (b) (ii) to confirm the\noriginal decision (see sch 5, pt 5.2, item 5).\nNote 2 The decision-maker must decide whether to amend the development\napproval as soon as possible (see Legislation Act, s 151B).\n(2) The decision-maker must refuse to amend the development approval\nif satisfied that—\n(a) the changed development proposal would be in breach of a\ncondition included in the approval under section 187 (1) (d); or\nNote If a conditional environmental significance opinion has been given\nfor a development, the development approval must include a\ncondition that the development comply with the condition in the\nenvironmental significance opinion (see s 187 (1) (d)).\n(b) an offset condition for the approval as amended would not\nprovide an offset at least equivalent to an offset provided by the\noriginal approval.\n\nCorrection and amendment of development approvals Division 7.6.4\n(3) Also, the decision-maker must refuse to amend a development\napproval unless satisfied that, after the amendment, the development\napproved will be substantially the same as the development for which\napproval was originally given.\n","sortOrder":210},{"sectionNumber":"207","sectionType":"section","heading":"Exception to s 206 (1) (b)—referral requirements","content":"207 Exception to s 206 (1) (b)—referral requirements\n(a) a development application was referred to an entity under\nsection 170 (When authority must refer development\napplication) or section 191 (Referral of matter protected by the\nCommonwealth); and\n(b) an application is made under section 205 to amend the\ndevelopment approval to which the application relates\n(the amendment application).\n(2) Despite section 206 (1) (b), the decision-maker need not refer the\namendment application to an entity under section 170 or section 191\nif the decision-maker is satisfied that the amendment application—\n(a) does not affect any part of the development approval in relation\nto which the entity gave advice; or\n(b) is not reasonably expected to contain matters upon which the\nentity would wish to comment.\nNote Under s 206 (1) (b), an amendment to amend a development approval is\nsubject to the same requirements as an application for development\napproval, which would ordinarily require the amendment application to\nbe referred to relevant entities under s 170.\n\n","sortOrder":211},{"sectionNumber":"208","sectionType":"section","heading":"Exception to s 206 (1) (b)—waiver of notification","content":"208 Exception to s 206 (1) (b)—waiver of notification\nrequirement\nDespite section 206 (1) (b), the decision-maker may waive the\nrequirement to publicly notify an application to amend a development\napproval if satisfied that—\n(a) the amendment will not involve any change that would be\ninconsistent with an essential design element; and\n(b) the amendment will do no more than minimally increase—\n(i) the adverse impact of the development otherwise than on\nthe applicant; and\n(ii) the environmental impact of the development.\n","sortOrder":212},{"sectionNumber":"209","sectionType":"section","heading":"When development approvals do not require amendment","content":"209 When development approvals do not require amendment\n(a) the decision-maker has given development approval for a\ndevelopment proposal; and\n(b) the development proposal changes (the changed development\nproposal) so that it is not covered by the development approval;\nand\n(c) a circumstance prescribed by regulation under subsection (3)\napplies.\n(2) The changed development proposal is taken to be in accordance with\nthe development approval.\n(3) A regulation may prescribe circumstances for subsection (1) (c).\nNote 1 The development may still need building approval, or further building\napproval, under the Building Act 2004.\nNote 2 The development must also comply with the lease for the land on which\nit is undertaken.\n\nDivision 7.6.5 Effect and duration of development\n","sortOrder":213},{"sectionNumber":"210","sectionType":"section","heading":"When development approvals take effect","content":"210 When development approvals take effect\n(1) This section applies if a decision-maker approves a development\napplication under section 185 (Deciding development applications).\n(2) If the circumstances mentioned in column 2 of an item in\ntable 210 apply to a development approval, the approval (or an\napproval as varied or substituted by the ACAT) takes effect on the\nday mentioned in column 3 of the item.\nTable 210 When development approvals take effect\nitem\n1 (a) no third party may make an\napplication for ACAT\ndecision or there are no\nrepresentations about the\ndevelopment application;\nand\n(b) the development does not\n(c) the approval is not subject to\napproval takes effect\nthe day after the day the approval\ndecision is made\n\nitem\n2 (a) 1 or more representations are\nmade about the development\n(b) no application for ACAT\ndecision was made within\n20 working days after the\nday that every person who\nmade a representation was\ngiven the notice of the\ndecision under s 196; and\n(c) the development does not\n(d) the approval is not subject to\n(e) no reconsideration\n21 working days after the day notice of\nthe approval decision is given under\ns 196\n\nitem\n3 (a) an application for ACAT\ndecision has been made; and\n(b) the ACAT has—\n(i) confirmed or varied\nthe approval\ndecision; or made a\nsubstitute approval\ndecision; or\n(ii) the application was\ndismissed or struck\nout; and\n(c) the development does not\n(d) the approval is not subject to\napproval takes effect\n(a) if the ACAT makes an order\nconfirming, varying or\nsubstituting the approval\ndecision—the day the order\ntakes effect under the ACT Civil\nand Administrative Tribunal\nAct 2008, s 69; or\n(b) in any other case—the day the\napplication is dismissed or\nstruck out\n4 (a) the development includes an\nactivity not allowed under\nthe lease for the land on\nwhich the development is\nproposed to take place; and\n(b) the approval is not subject to\neffect if the development did not\ninclude an activity not allowed\nunder the lease;\n(b) the day the lease variation to\nallow the activity takes effect;\n\nitem\n5 (a) the approval is subject to a\ncondition that something\n(b) the development does not\neffect if it were not subject to\nthe condition;\n(b) the day the condition is\ncomplied with;\n6 (a) the development includes an\nactivity not allowed under\nthe lease for the land on\nwhich the development is\nproposed to take place; and\n(b) the approval is subject to a\ncondition that something\neffect under item 4, column 3 if\nthe development did not include\nan activity not allowed under the\n(b) the day the approval would take\neffect under item 5, column 3 if\nit were not subject to the\ncondition;\n\nitem\n7 (a) a reconsideration application\nhas been made in relation to\nthe approval; and\n(b) the territory planning\n(i) has made a\nreconsideration\ndecision; and\n(ii) did not substitute\nthe approval with a\ndecision to refuse\nthe development\napplication under\ns 185 (1) (c)\neffect if the reconsideration\ndecision were the original\ndecision;\n(b) the day after the reconsideration\ndecision is made;\nreview of the reconsideration\ndecision has been made—the\nday mentioned in item 3,\napplication for ACAT review, of a decision, means an application for\nACAT review under section 506.\napproval decision, in relation to a development application, means a\ndecision to approve the application under section 185.\nNote Approve for s 185 includes a partial approval. Also, an application may\nbe approved subject to conditions (see s 185 (1) (b)).\nreconsideration application—see section 198 (2).\nreconsideration decision means a decision under section 199 in\nrelation to a reconsideration application.\nrepresentation, in relation to a development application, means a\nrepresentation made under section 180 about the application.\nthird party means an entity other than the applicant for the\ndevelopment approval or the territory planning authority.\n\n","sortOrder":214},{"sectionNumber":"211","sectionType":"section","heading":"End of development approvals generally","content":"211 End of development approvals generally\n(1) This section applies to a development approval other than—\n(a) a development approval that consists only of a variation of a\n(b) a part of a development approval that consists of a variation of\na lease; or\n(c) a development approval, or part of a development approval, that\nrelates only to the use of land, or to a building or other structure\non land.\n(2) The development approval ends—\n(a) 5 years after the day the approval takes effect (the 5-year\nperiod); or\n(b) if an extension of the 5-year period is granted under this\nsection—at the end of the extended period; or\n(c) if the approval is revoked under section 204; or\n(d) the approval-holder surrenders the approval to the territory\nplanning authority.\n(3) The territory planning authority may, on application made not later\nthan 6 months after the end of the 5-year period, extend the period if\nthe development to which the approval relates—\n(a) has started and is substantially progressed; and\n(b) would be approved if it were the subject of a development\napplication submitted on the same day as the application for the\nextension.\n\n(4) The territory planning authority may also extend the 5-year period on\napplication under subsection (3) if—\n(i) an application for review is made to the ACAT in relation\nto the development approval; or\n(ii) an appeal is made to a court in relation to the development\n(b) taking into account when the application for review or appeal is\nlikely to end, more time is needed to start or complete the\ndevelopment to which the approval relates.\n(5) The 5-year period may be extended—\n(a) more than once; and\n(b) for a cumulative period of up to 2 years.\nthe approval ends under this section, s 212 or s 213.\n","sortOrder":215},{"sectionNumber":"212","sectionType":"section","heading":"End of development approvals for lease variations","content":"212 End of development approvals for lease variations\n(a) a development approval that consists only of a variation of a\n(b) a part of a development approval that consists of a variation of\na lease.\n(2) The development approval, or part of the approval, ends—\n(a) if—\n(i) the lease is varied in accordance with the approval; or\n(ii) the lease is terminated; or\n(iii) the approval is revoked under section 204; or\n\n(iv) the approval-holder surrenders the approval to the territory\nplanning authority; or\n(v) the lease expires and no application is made under\nsection 289 (Grant of further leases) for a further lease; or\nNote A person may apply for the grant of a further lease not later\nthan 6 months after the expiry of the affected lease.\n(vi) the lease is surrendered, other than for a lease variation or\nrenewal; or\n(vii) the lease is subject to a condition that a charge be paid to\nthe Territory in relation to the lease variation under\nsection 311 (Working out amount payable to remove\nconcessional status) or section 328 (Lease variation charge\npayable for chargeable variation)—2 years after the day the\ncharge is determined; or\n(b) at the end of—\n(i) 2 years starting on the day after the day the approval takes\neffect; or\n(ii) if an application for review is made to the ACAT in relation\nto the approval or an appeal is made to a court in relation\nto the approval—2 years starting on the day after the day\nthe application for review or appeal ends; or\n(iii) if, in relation to a decision about a payout amount under\nsection 311 or a charge under section 328, an application\nfor review to the ACAT is made—2 years starting on the\nday the application is decided, withdrawn, dismissed or\nstruck out.\n(3) The territory planning authority may extend the development\napproval, or part of the approval, for up to 2 years.\nthe approval ends under s 211, this section or s 213.\n\n","sortOrder":216},{"sectionNumber":"213","sectionType":"section","heading":"End of development approvals for use","content":"213 End of development approvals for use\n(1) This section applies to the following:\n(a) a development approval, or part of a development approval,\n(i) relates only to the use of land, or a building or other\nstructure on land, under a lease or declared unit title lease\n(the affected lease); and\n(ii) does not involve a lease variation;\n(b) a development approval, or part of a development approval, that\nrelates only to the use of land under a licence or permit.\n(2) The development approval ends if—\n(a) the affected lease expires and no application is made under\nsection 289 (Grant of further leases) for a further lease; or\nNote A person may apply for the grant of a further lease not later than\n6 months after the expiry of the affected lease.\n(b) the approval is revoked under section 204; or\n(c) if the approval states a period for the end of the approval—the\nperiod ends; or\n(d) the approval is surrendered, other than for a lease variation or\nrenewal; or\n(e) the affected lease is surrendered (other than under section 289\n(Grant of further leases)) or terminated; or\n(f) for a declared unit title lease—a further lease is not granted\nunder the Unit Titles Act 2001, section 167AA; or\n(g) if the approval relates to the use of land under a licence or\npermit—the licence or permit ends.\nthe approval ends under s 211, s 212 or this section.\n\n(3) To remove any doubt, a development approval relating to use does\nnot end only because 1 or more of the following apply to the\ndevelopment or lease:\n(b) someone deals with the affected lease;\nunder section 289 (Grant of further leases), whether the grant\nhappens immediately after the expiry of the affected lease or\notherwise;\n(d) for a declared unit title lease—a further lease is granted under\nthe Unit Titles Act 2001, section 167AA.\n1 the use is interrupted\n2 the use is intermittent\n(4) The territory planning authority must tell the registrar-general about\nthe ending of a development approval to which this section applies\nif—\n(a) the authority gave the registrar-general notice of the approval;\nand\n(b) the approval is surrendered to the authority.\ndeclared unit title lease means a lease of a unit or common property\nin a units plan that subdivides land under a declared land sublease.\n","sortOrder":217},{"sectionNumber":"214","sectionType":"section","heading":"Development approval continues unless ended","content":"214 Development approval continues unless ended\nA development approval, including a development approval that has\nbeen extended, continues unless ended under this part.\n\nDevelopment applications for development undertaken without approval Part 7.7\nPart 7.7 Development applications for\ndevelopment undertaken without\n","sortOrder":218},{"sectionNumber":"215","sectionType":"section","heading":"Development applications for development undertaken","content":"215 Development applications for development undertaken\nwithout approval\n(a) a development has been undertaken; and\n(b) development approval was required for the development; and\n(c) there was no development approval for the development.\n(2) The lessee of the land (or for land under a land sublease, the\nsublessee) where the development was undertaken may apply for\ndevelopment approval for the development.\n(3) The territory planning authority must treat the application for\ndevelopment approval as if the development was not undertaken.\nNote A proceeding under part 12.1 (Development offences) is not affected by\nan application made or approved under this section (see s 403 (7)).\n\n","sortOrder":219},{"sectionNumber":"216","sectionType":"section","heading":"Meaning of territory priority project","content":"216 Meaning of territory priority project\nterritory priority project means—\n(a) a development proposal declared to be a territory priority project\nunder section 218; or\n(b) a development proposal related to light rail; or\n(c) a development proposal related to public housing; or\n(d) a development proposal related to community housing.\n(2) However, a development proposal mentioned in subsection (1),\ndefinition of territory priority project, paragraph (c) or (d) is not a\nterritory priority project if—\n(a) an EIS is required for the proposal under section 105; or\n(b) the development application for the proposal is required to be\nreferred to the heritage council by a regulation made under\nsection 170 (1) (a) that relates to the impact of the development\non an Aboriginal object or place.\nAboriginal object—see the Heritage Act 2004, section 9.\nAboriginal place—see the Heritage Act 2004, section 9.\n","sortOrder":220},{"sectionNumber":"217","sectionType":"section","heading":"Meaning of related to light rail","content":"217 Meaning of related to light rail\nFor this Act, a development proposal is related to light rail if the\ndevelopment to which the proposal relates may facilitate the\nconstruction, ongoing operation and maintenance, repairs,\nrefurbishment, relocation or replacement of—\n(a) light rail track; or\n\n(b) infrastructure within, or partly within, 1km from—\n(i) existing light rail track; or\n(ii) light rail track identified in a development proposal in a\ndevelopment application that includes the construction,\nextension, refurbishment, relocation or replacement of\nlight rail track; or\n(iii) light rail track identified in a development approval that\nauthorises the construction, extension, refurbishment,\nrelocation or replacement of light rail track.\nExamples—par (b)\n1 access roads, footpaths and bicycle lanes\n2 depot facilities\n3 electricity supply infrastructure including substations, overhead lines and\nsupports\n4 entry and access points and safety barriers\n5 signalling and other control facilities\n6 stops, stations, terminus and associated shelters, seating and toilet amenities,\nticketing infrastructure, parking, set-down areas and bicycle storage\n7 temporary infrastructure for construction of light rail such as safety fencing,\nscaffolding, access roads and parking\n","sortOrder":221},{"sectionNumber":"217B","sectionType":"section","heading":"Meaning of related to public housing","content":"217B Meaning of related to public housing\n(1) For this Act, a development proposal is related to public housing if\nthe development to which the proposal relates—\n(a) is proposed to be undertaken by, or on behalf of, the housing\ncommissioner; and\n(b) may facilitate the construction, ongoing operation and\nmaintenance, repairs, refurbishment or replacement of housing\non land—\n(i) leased, controlled or held by the housing commissioner; or\n\n(ii) used by an entity contracted by the housing commissioner\nto provide public housing.\nExample—par (b) (i)\nland leased by the housing commissioner from a private landlord to provide\npublic housing\n(2) However, a development proposal is not related to public housing if\nthe development is undertaken as part of the government program\nknown as the ‘Growing and Renewing Public Housing Program’.\nhousing—see the Housing Assistance Act 2007, dictionary.\n","sortOrder":222},{"sectionNumber":"217C","sectionType":"section","heading":"Meaning of related to community housing","content":"217C Meaning of related to community housing\n(1) For this Act, a development proposal is related to community\nhousing if the development to which the proposal relates—\n(a) is proposed to be undertaken by, or on behalf of, a registered\ncommunity housing provider that is an ACNC registered entity;\nand\n(b) may facilitate the construction, ongoing operation and\nmaintenance, repairs, refurbishment or replacement of\ncommunity housing; and\n(c) is wholly or partly funded by the Territory or the\n(2) However, a development proposal is not related to community\nhousing if—\n(a) it involves more than 100 dwellings, including any dwellings\nnot used for community housing; or\n(b) less than 15% of all dwellings in the development are used for\ncommunity housing.\n\nACNC registered entity means a registered entity under the\nAustralian Charities and Not-for-profits Commission Act 2012\n(Cwlth).\ncommunity housing—see the Housing Assistance Act 2007,\nregistered community housing provider—see the Community\nHousing Providers National Law (ACT), section 4 (1).\nNote The Community Housing Providers National Law (ACT) Act 2013, s 7\napplies the Community Housing Providers National Law set out in the\nCommunity Housing Providers (Adoption of National Law) Act 2012\n(NSW), appendix as if it were an ACT law called the Community Housing\nProviders National Law (ACT).\n","sortOrder":223},{"sectionNumber":"218","sectionType":"section","heading":"Declaration of territory priority projects","content":"218 Declaration of territory priority projects\n(1) The Chief Minister and Minister may jointly declare that a\ndevelopment proposal is a territory priority project (a territory\npriority project declaration) if the Chief Minister and Minister are\n(a) the proposal—\n(i) would achieve a major government policy outcome that is\nof significant benefit to the people of the ACT; or\n(ii) would substantially facilitate the achievement of the\ndesired future planning outcomes set out in the planning\nstrategy, a relevant district strategy, the territory plan or\nany relevant zone; or\n(iii) is for significant infrastructure, or significant facilities, that\nare of significant benefit to the people of the ACT; and\n(b) the proposal has been the subject of sufficient consultation under\nsubsection (3).\n\n(2) A territory priority project declaration for a development proposal\nmust be made before the development application for the proposal is\nmade under section 166.\n(3) Before making a territory priority project declaration, the Minister\n(a) seek the advice of the territory planning authority; and\n(b) publish a notice on the authority website—\n(i) stating that copies of the proposed declaration are available\non the website; and\n(ii) inviting people to give written comments about the\nproposed declaration to the authority at a stated address\nduring a stated period of at least 15 working days\n(the consultation period); and\n(iii) if the development proposal requires a major plan\namendment to proceed—\n(A) including a description of the proposed major plan\n(B) inviting the national capital authority to give written\ncomments about the proposed declaration to the\nauthority during the consultation period; and\n(C) including the supporting report for the major plan\n(c) consider any comments received during the consultation period.\n(3A) Before giving advice to the Minister under subsection (3) (a), the\nterritory planning authority must—\n(a) consult the conservator of flora and fauna, if the authority\nconsiders the proposed declaration is likely to—\n(i) have a significant adverse environmental impact on a\nprotected matter; or\n\n(ii) affect a protected tree or declared site; and\n(b) consult the heritage council, if the authority considers the\nproposed declaration—\n(i) relates to a place or object registered, or nominated for\nprovisional registration, under the Heritage Act 2004; or\n(ii) may impact an Aboriginal object or place.\n(4) If the Chief Minister is also the Minister, another Minister must make\nthe declaration under subsection (1) with the Chief Minister.\nAboriginal object—see the Heritage Act 2004, section 9.\nAboriginal place—see the Heritage Act 2004, section 9.\ndevelopment proposal includes a proposal involving 2 or more\nstages, sites or development applications.\nsupporting report—see section 55.\n","sortOrder":224},{"sectionNumber":"219","sectionType":"section","heading":"Presentation of declaration to Legislative Assembly","content":"219 Presentation of declaration to Legislative Assembly\n(1) As soon as practicable after making a territory priority project\ndeclaration, the Minister must present to the Legislative Assembly—\n(a) the declaration; and\n(b) a statement of the reasons for making the declaration.\n(2) The Legislative Assembly may, by resolution, approve or refuse to\napprove the declaration.\n(3) If the Legislative Assembly does not pass a resolution mentioned in\nsubsection (2) within 2 sitting days after the declaration and\nstatement is presented, the Assembly is taken to have approved the\ndeclaration.\n\n(4) A territory priority project declaration commences only after the\ndeclaration is—\n(a) approved by the Legislative Assembly under subsection (2); and\n(b) notified.\n","sortOrder":225},{"sectionNumber":"220","sectionType":"section","heading":"Time limits on proceedings—territory priority projects","content":"220 Time limits on proceedings—territory priority projects\n(1) A person may not start a proceeding in a court in relation to a decision\nto make a territory priority project declaration more than 2 months\nafter the day the declaration is notified.\n(2) Despite section 82 (Limitations on challenge to validity of territory\nplan provisions), the validity of a provision of the territory plan must\nnot be questioned in a legal proceeding if—\n(a) the provision was inserted or amended by a major plan\namendment approved for a territory priority project; and\n(b) the proceeding started more than 2 months after the day the\nprovision, or amendment of the provision, commenced.\n(3) A person may not start a proceeding in a court in relation to a decision\nunder part 6.3 (Environmental impact assessment), chapter 7\n(Development assessment and approvals) or chapter 10 (Leases and\nlicences) more than 2 months after the day the decision is made if the\ndecision relates to a territory priority project.\n","sortOrder":226},{"sectionNumber":"220A","sectionType":"section","heading":"Review of amendments made by Planning (Territory","content":"220A Review of amendments made by Planning (Territory\nPriority Project) Amendment Act 2025\n(1) The Minister must, as soon as practicable after 1 December 2028,\nreview the operation of the amendments made to this chapter by the\nPlanning (Territory Priority Project) Amendment Act 2025.\n(2) The Minister must present a report of the review to the Legislative\nAssembly not later than 30 June 2029.\n(3) This section expires on 30 June 2030.\n\n","sortOrder":227},{"sectionNumber":"220B","sectionType":"section","heading":"Expiry—territory priority project amendments","content":"220B Expiry—territory priority project amendments\nThe following provisions expire on 31 December 2029:\n(a) section 216 (1), definition of territory priority project,\nparagraphs (c) and (d);\n(b) section 216 (2) and (3);\n(c) sections 217B and 217C;\n(d) section 218 (3A) and (5), definitions of Aboriginal object and\nAboriginal place;\n(e) this section;\n(f) dictionary, definitions of related to community housing and\nrelated to public housing.\n\n","sortOrder":228},{"sectionNumber":"221","sectionType":"section","heading":"Meaning of protected matter","content":"221 Meaning of protected matter\nprotected matter means—\n(a) matter protected by the Commonwealth; or\n(b) a native species or ecological community protected under the\nNature Conservation Act 2014; or\n(c) a declared protected matter.\n(2) The Minister may declare a matter to be a protected matter\n(a declared protected matter).\nNote The Minister may consider relevant matters under the Nature\nConservation Act 2014 or any other ACT law when making a declaration.\n(3) A declaration is a disallowable instrument.\n","sortOrder":229},{"sectionNumber":"222","sectionType":"section","heading":"Meaning of matter protected by the Commonwealth","content":"222 Meaning of matter protected by the Commonwealth\nmatter protected by the Commonwealth means a matter protected by\na provision of the EPBC Act, chapter 2 (Protecting the environment),\npart 3 (Requirements for environmental approvals).\n\nImportant concepts Part 9.1\nmatter protected by a provision of the EPBC Act, chapter 2, part 3—\nsee the EPBC Act, section 34 (What is matter protected by a\nprovision of Part 3?).\nNote The EPBC Act, ch 2, pt 3 deals with taking action that would have a\nsignificant impact on a matter of national environmental significance.\nMatters of national environmental significance include the following:\n• world heritage properties\n• national heritage places\n• wetlands of international importance (Ramsar wetlands)\n• threatened species and threatened ecological communities\n• migratory species protected under international agreements\n• nuclear actions\n• water resources in relation to coal seam gas development and large\ncoal mining development.\n","sortOrder":230},{"sectionNumber":"223","sectionType":"section","heading":"Meaning of offset","content":"223 Meaning of offset\noffset, for a development that is likely to have a significant adverse\nenvironmental impact on a protected matter, means environmental\ncompensation for the likely impact.\n","sortOrder":231},{"sectionNumber":"224","sectionType":"section","heading":"Meaning of offsets policy","content":"224 Meaning of offsets policy\noffsets policy means a statement—\n(a) describing—\n(i) how environmental compensation may be made to offset\nthe impact of development that has a significant adverse\nenvironmental impact on protected matters; and\n\n(ii) suitable forms for offsets; and\n(b) notified under—\n(i) for an initial offsets policy—section 226; or\n(ii) for a revised offsets policy—section 231.\n\nPreliminary Division 9.2.1\n","sortOrder":232},{"sectionNumber":"Div 9","sectionType":"division","heading":"2.1 Preliminary","content":"Division 9.2.1 Preliminary\n","sortOrder":233},{"sectionNumber":"225","sectionType":"section","heading":"Meaning of Minister—pt 9.2","content":"225 Meaning of Minister—pt 9.2\nMinister means the Minister responsible for administering the Nature\nConservation Act 2014, chapter 13.\nDivision 9.2.2 Initial offsets policy\n","sortOrder":234},{"sectionNumber":"226","sectionType":"section","heading":"Initial offsets policy","content":"226 Initial offsets policy\n(1) The Minister may make an initial offsets policy.\n(2) An initial offsets policy is a notifiable instrument.\n(3) The Minister may amend the initial offsets policy only by—\n(a) reviewing and revising the offsets policy under\nsections 227 to 231; or\n(b) making minor amendments to the policy under section 232.\n","sortOrder":235},{"sectionNumber":"227","sectionType":"section","heading":"Offsets policy—monitoring and review","content":"227 Offsets policy—monitoring and review\n(1) The Minister must monitor the effectiveness of the offsets policy.\n(2) The Minister must consider, at least once every 5 years, whether the\noffsets policy needs to be reviewed.\n(3) In considering whether the offsets policy needs to be reviewed, the\nMinister must consult—\n\n(4) If the Minister decides that the offsets policy needs to be reviewed,\nthe Minister must review the offsets policy.\n(5) In reviewing the offsets policy, the Minister must consult—\n","sortOrder":236},{"sectionNumber":"228","sectionType":"section","heading":"Draft revised offsets policy—Minister to prepare","content":"228 Draft revised offsets policy—Minister to prepare\n(1) This section applies if the Minister—\n(a) reviews the offsets policy under section 227; and\n(b) considers that revisions of the offsets policy are appropriate.\n(2) The Minister must prepare a draft offsets policy (a draft revised\noffsets policy) incorporating the revisions.\n(3) In preparing a draft revised offsets policy, the Minister must\nconsult—\n","sortOrder":237},{"sectionNumber":"229","sectionType":"section","heading":"Draft revised offsets policy—public consultation","content":"229 Draft revised offsets policy—public consultation\n(1) If the Minister prepares a draft revised offsets policy, the Minister\nmust also prepare a notice about the policy (a consultation notice).\n(2) If the Minister publishes a consultation notice about a draft revised\noffsets policy—\n(a) anyone may make a written submission to the Minister about the\npolicy; and\n(b) submissions may be made to the Minister within 6 weeks after\n\nRevised offsets policy Division 9.2.3\n(a) state the matters mentioned in subsection (2) (a) to (c); and\n(b) include the draft revised offsets policy; and\n","sortOrder":238},{"sectionNumber":"230","sectionType":"section","heading":"Draft revised offsets policy—revision","content":"230 Draft revised offsets policy—revision\nIf the consultation period for a draft revised offsets policy has ended,\nthe Minister must—\n(b) make any revisions to the draft revised offsets policy that the\nMinister considers appropriate; and\n(c) prepare a final version of the draft revised offsets policy.\n","sortOrder":239},{"sectionNumber":"231","sectionType":"section","heading":"Draft revised offsets policy—final version and notification","content":"231 Draft revised offsets policy—final version and notification\n(1) The final version of a draft revised offsets policy prepared under\nsection 230 or section 232 is an offsets policy.\n(2) An offsets policy is a notifiable instrument.\n","sortOrder":240},{"sectionNumber":"232","sectionType":"section","heading":"Offsets policy—minor amendments","content":"232 Offsets policy—minor amendments\n(a) an offsets policy is in force (the existing policy); and\n(b) the Minister considers that minor amendments to the existing\npolicy are appropriate.\n\n(2) The Minister—\n(a) may prepare a new draft offsets policy, incorporating the minor\namendments into the existing policy; and\n(b) need not comply with the consultation requirements in\nsection 229; and\n(c) may prepare a final version of the new draft offsets policy, as\namended.\nminor amendment, of an offsets policy, means an amendment that—\n(a) improves the effectiveness or technical efficiency of the offsets\npolicy without changing the substance of the policy; or\n(b) corrects a formal error.\n• minor correction to improve effectiveness\n• omission of something redundant\n• rewording to clarify language\n• technical adjustment to improve efficiency\nDivision 9.2.4 Offsets policy—implementation and\nguidelines\n","sortOrder":241},{"sectionNumber":"233","sectionType":"section","heading":"Offsets policy—authority to implement","content":"233 Offsets policy—authority to implement\nThe territory planning authority must take reasonable steps to\nimplement the offsets policy.\n","sortOrder":242},{"sectionNumber":"234","sectionType":"section","heading":"Offsets policy—guidelines","content":"234 Offsets policy—guidelines\n(1) The Minister may make guidelines about the implementation of the\noffsets policy (offsets policy guidelines).\n(2) The offsets policy guidelines are a notifiable instrument.\n\nOffsets policy—implementation and guidelines Division 9.2.4\n","sortOrder":243},{"sectionNumber":"235","sectionType":"section","heading":"Draft offsets policy guidelines","content":"235 Draft offsets policy guidelines\n(1) If the Minister intends to make offsets policy guidelines, the Minister\nmust prepare a draft version of the guidelines (the draft offsets policy\nguidelines).\n(2) In preparing the draft offsets policy guidelines, the Minister must\nconsult the conservator of flora and fauna.\n","sortOrder":244},{"sectionNumber":"236","sectionType":"section","heading":"Draft offsets policy guidelines—public consultation","content":"236 Draft offsets policy guidelines—public consultation\n(1) If the Minister prepares draft offsets policy guidelines, the Minister\nmust also prepare a notice about the draft guidelines (a consultation\nnotice).\n(2) If the Minister publishes a consultation notice about draft offsets\npolicy guidelines—\n(a) anyone may make a written submission to the Minister about the\ndraft guidelines; and\n(b) submissions may be made to the Minister within 3 weeks after\n(a) state the matters mentioned in subsection (2) (a) to (c); and\n(b) include the draft offsets policy guidelines; and\n\n","sortOrder":245},{"sectionNumber":"237","sectionType":"section","heading":"Draft offsets policy guidelines—revision","content":"237 Draft offsets policy guidelines—revision\nIf the consultation period for the draft offsets policy guidelines has\nended, the Minister must—\n(b) make any revisions to the draft offsets policy guidelines that the\nMinister considers appropriate.\n","sortOrder":246},{"sectionNumber":"238","sectionType":"section","heading":"Offsets policy guidelines—monitoring and review","content":"238 Offsets policy guidelines—monitoring and review\n(1) The Minister must monitor the effectiveness of the offsets policy\nguidelines.\n(2) The Minister must consider, at least once every 5 years, whether the\noffsets policy guidelines need to be reviewed.\n(3) In considering whether the offsets policy guidelines need to be\nreviewed, the Minister must consult the conservator of flora and\nfauna.\n\nOffsets policy—other provisions Part 9.3\n","sortOrder":247},{"sectionNumber":"239","sectionType":"section","heading":"Offsets—consistency with offsets policy","content":"239 Offsets—consistency with offsets policy\nAn offset must be consistent with the offsets policy.\n","sortOrder":248},{"sectionNumber":"240","sectionType":"section","heading":"Offsets—calculating value","content":"240 Offsets—calculating value\n(1) The Minister may determine how the value of an offset is to be\ncalculated (an offset value calculation determination).\n(2) An offset value calculation determination must be consistent with the\noffsets policy.\n(3) An offset value calculation determination is a notifiable instrument.\n","sortOrder":249},{"sectionNumber":"241","sectionType":"section","heading":"Offsets—form","content":"241 Offsets—form\n(1) An offset for a development may be in—\n(a) a form prescribed by regulation; or\n(b) any other form the territory planning authority considers\nappropriate.\n(2) However, an offset for a development must be in a form that is\nconsistent with the offsets policy.\n","sortOrder":250},{"sectionNumber":"242","sectionType":"section","heading":"Offsets register","content":"242 Offsets register\n(1) The territory planning authority must keep a register of each offset\n(the offsets register).\n(2) The offsets register must include the following for each offset:\n(a) the development approval that includes the offset condition\nrequiring the offset;\n(b) the details of the offset;\n\n(c) if the offset requires an offset management plan—the offset\nmanagement plan;\n(d) details of a lease if—\n(i) the offset requires another lease to be subject to a\ncondition; and\n(ii) the condition requires the lessee of the other lease to\ncomply with an offset management plan applying to the\n(e) anything else prescribed by regulation.\n(3) The offsets register may include anything else the authority considers\nrelevant.\nNote The authority may give an evidentiary certificate about details kept in the\noffsets register (see s 514).\n\n","sortOrder":251},{"sectionNumber":"243","sectionType":"section","heading":"Meaning of decision-maker—pt 9.4","content":"243 Meaning of decision-maker—pt 9.4\ndecision-maker, for an offset condition or offset management plan,\nmeans the decision-maker for the development approval in relation to\nwhich the condition or plan applies.\n","sortOrder":252},{"sectionNumber":"244","sectionType":"section","heading":"Meaning of offset condition","content":"244 Meaning of offset condition\noffset condition, for a development approval, means a condition—\n(a) identifying a protected matter that is likely to suffer a significant\nadverse environmental impact from the development; and\n(b) requiring an offset to compensate for the likely impact of the\ndevelopment on the protected matter.\n(2) An offset condition for a development approval may include a\nrequirement that the proponent of the development have an offset\nmanagement plan for the offset.\n(3) Also, an offset condition for a development approval may include a\nrequirement that—\n(a) if the offset land is not the land to which the approval applies—\nthe lease for the offset land be subject to a condition requiring\nthe lessee of the offset land to comply with an offset\nmanagement plan for the offset; and\nNote To satisfy an offset condition with this kind of requirement, another\ndevelopment approval may be needed to vary the lease for the\noffset land to include a condition on the lease for the offset land\nthat the lessee must comply with the offset management plan.\n\n(b) if the offset will be on public land—\n(i) a new public land management plan for the land be\nprepared, including stated matters; or\n(ii) an existing public land management plan for the land be\nvaried in a stated way; and\n(c) if the offset is to be on land described in a rural lease—\n(i) a new land management agreement for the land be\nprepared, including stated matters; or\n(ii) an existing land management agreement for the land be\nvaried in a stated way.\noffset land, for an offset, means the land on which the offset is to be\nlocated.\n","sortOrder":253},{"sectionNumber":"245","sectionType":"section","heading":"Meaning of offset management plan","content":"245 Meaning of offset management plan\noffset management plan, for an offset, means a plan to achieve the\noffset that is—\n(a) approved by a decision-maker under section 248 (Draft offset\nmanagement plan—submission to decision-maker); or\n(b) amended by the decision-maker under—\n(i) section 251 (Offset management plan—amendment\ninitiated by offset manager); or\n(ii) section 252 (Offset management plan—amendment\ninitiated by decision-maker).\n(2) An offset management plan must be published on the authority\n\n","sortOrder":254},{"sectionNumber":"246","sectionType":"section","heading":"Meaning of offset manager","content":"246 Meaning of offset manager\noffset manager, for an offset management plan—\n(i) if a lease of land includes a condition that requires the\nlessee of the land to comply with an offset management\nplan in relation to an offset—the lessee of the land; or\n(ii) if the offset management plan applies to unleased land or\npublic land—the custodian of the land; or\n(iii) in any other case—the person identified in the offset\nmanagement plan as the offset manager; but\n(b) if paragraph (a) (i) does not apply—does not include the lessee\nof the land.\n","sortOrder":255},{"sectionNumber":"247","sectionType":"section","heading":"Draft offset management plan—proponent to prepare","content":"247 Draft offset management plan—proponent to prepare\n(1) If an offset condition for a development approval requires the\nproponent to have an offset management plan for the offset, the\nproponent must prepare a draft offset management plan for the offset.\n(2) The draft offset management plan must—\n(a) identify the land to which it applies; and\n(b) include a plan describing how the offset may be achieved; and\n(c) if the offset management plan will not apply to leased land,\nunleased land or public land—identify the offset manager for the\noffset management plan; and\n(d) include provisions about—\n(i) how the effectiveness of the plan is to be monitored; and\n(ii) when the plan is to be reviewed; and\n\n(e) include any matters prescribed by regulation.\n(3) The draft offset management plan may—\n(a) state the term of the offset management plan; and\nNote If no term is stated, the offset management plan expires when the\ndevelopment approval, including the offset condition requiring the\noffset management plan, ends (see s 254). Otherwise the offset\nmanagement plan operates indefinitely.\n(b) apply, adopt or incorporate an instrument as in force from time\nto time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(4) In preparing a draft offset management plan, the proponent must\nconsult the following entities and seek their written agreement to the\ndraft offset management plan:\n(a) the conservator of flora and fauna;\n(b) if the offset management plan will apply to leased land—the\nlessee of the land (unless the lessee is the proponent);\n(c) if the offset management plan will apply to unleased land or\npublic land—the custodian of the land.\n","sortOrder":256},{"sectionNumber":"248","sectionType":"section","heading":"Draft offset management plan—submission to","content":"248 Draft offset management plan—submission to\ndecision-maker\n(1) The proponent must submit the draft offset management plan to the\ndecision-maker for approval.\n(2) The draft offset management plan must be accompanied by the\nwritten agreement of the entities mentioned in section 247 (4).\n\n(3) If the proponent submits the draft offset management plan to the\ndecision-maker for approval, the decision-maker must—\n(a) approve the draft offset management plan; or\n(b) return the draft offset management plan to the proponent and\ndirect the proponent to take 1 or more of the following actions\nin relation to it:\n(i) undertake stated further consultation;\n(ii) consider a relevant report;\n(iii) revise the draft offset management plan in a stated way; or\n(c) reject the draft offset management plan.\n(4) However, the decision-maker may approve the draft offset\nmanagement plan only if the plan is consistent with—\n(a) the offset condition in the development approval requiring the\noffset; and\n(b) the offsets policy.\nNote This section is subject to s 502 and s 503.\n","sortOrder":257},{"sectionNumber":"249","sectionType":"section","heading":"Draft offset management plan—decision-maker’s","content":"249 Draft offset management plan—decision-maker’s\ndirection to revise etc\n(1) This section applies if the decision-maker gives the proponent a\ndirection under section 248 (3) (b).\n(2) The proponent must—\n(a) give effect to the direction; and\n(b) if the direction is to revise the draft offset management plan in a\nstated way—consult the entities mentioned in section 247 (4)\nand seek their written agreement to the revisions; and\n(c) resubmit the draft offset management plan to the decision-maker\nfor approval.\n\n(3) The resubmitted draft offset management plan must be accompanied\nby the written agreement of the entities mentioned in section 247 (4).\n(4) The decision-maker must decide, under section 248 (3), what to do\nwith the resubmitted draft offset management plan.\n","sortOrder":258},{"sectionNumber":"250","sectionType":"section","heading":"Offset management plan—unleased land or public land","content":"250 Offset management plan—unleased land or public land\nIf an offset management plan applies to unleased land or public land,\nthe custodian of the land must take reasonable steps to implement the\nNote Failure to implement the offset management plan is a controlled activity\n(see sch 4, item 5).\n","sortOrder":259},{"sectionNumber":"251","sectionType":"section","heading":"Offset management plan—amendment initiated by offset","content":"251 Offset management plan—amendment initiated by offset\nmanager\n(1) The offset manager for an offset management plan may apply to the\ndecision-maker to amend the offset management plan.\n(2) The application must—\n(a) be in writing; and\n(b) include details of the proposed amendment.\n(3) The decision-maker may amend the offset management plan only if\nsatisfied that the offset for the amended offset management plan is—\n(a) at least equivalent to the offset for the original offset\nmanagement plan; and\n(b) consistent with the offsets policy.\n\n","sortOrder":260},{"sectionNumber":"252","sectionType":"section","heading":"Offset management plan—amendment initiated by","content":"252 Offset management plan—amendment initiated by\ndecision-maker\n(1) The decision-maker may, by written notice (an amendment notice)\ngiven to the offset manager for an offset management plan, amend the\noffset management plan if satisfied that—\n(a) the offset for the amended offset management plan is at least\nequivalent to the offset for the original offset management plan;\nand\n(b) the offset for the amended offset management plan is consistent\nwith the offsets policy.\n(2) However, the decision-maker may amend the offset management plan\nonly if—\n(a) the decision-maker has given the offset manager for the offset\nmanagement plan written notice of the proposed amendment\n(a proposal notice); and\n(b) the proposal notice states that written submissions about the\nproposal may be made to the decision-maker before the end of a\nstated period of at least 14 days after the day the proposal notice\nis given to the offset manager; and\n(c) after the end of the stated period, the decision-maker has\nconsidered any submissions made in accordance with the\nproposal notice.\n(3) The amendment takes effect on the day the amendment notice is given\nto the offset manager for the offset management plan or a later day\nstated in the amendment notice.\n","sortOrder":261},{"sectionNumber":"253","sectionType":"section","heading":"Offset management plan—reporting","content":"253 Offset management plan—reporting\n(1) The offset manager for an offset management plan must report to the\nterritory planning authority about the offset management plan—\n(a) at least once every 3 years; and\n\n(b) at any other time the authority requests.\n(2) The territory planning authority must report to the Minister about\neach offset management plan at least once every 3 years.\n","sortOrder":262},{"sectionNumber":"254","sectionType":"section","heading":"Offset management plan—expiry if development approval","content":"254 Offset management plan—expiry if development approval\nends\n(a) a development approval includes an offset condition requiring\nthe proponent of the development to have an offset management\nplan for the offset; and\n(b) the offset management plan is in force when the development\napproval ends.\n(2) The offset management plan expires when the development approval\nends.\n","sortOrder":263},{"sectionNumber":"255","sectionType":"section","heading":"Offset power must not be delegated","content":"255 Offset power must not be delegated\nA decision-maker must not delegate a power under this chapter.\n\n","sortOrder":264},{"sectionNumber":"256","sectionType":"section","heading":"Definitions—ch 10","content":"256 Definitions—ch 10\nbuilding and development provision, in relation to a lease, means a\nprovision of the lease that requires the lessee to undertake stated\nworks on the land described in the lease or on unleased land.\nconsolidation means the surrender of 2 or more leases held by the\nsame lessee and the grant of a new lease or leases to the lessee to\nconsolidate the parcels of land described in the surrendered leases.\nlessee means the person who is the proprietor of a lease, whether or\nnot the person is the registered proprietor of the lease, and regardless\nof how the person became the proprietor of the lease.\nmarket value, of a lease, means the amount that could be expected to\nbe paid for the lease on the open market if it were sold by a willing\nbut not anxious seller to a willing but not anxious buyer.\nprovision, of a lease, includes a provision incorporated in the lease by\nreference and any other provision to which the lease is subject.\nregistered proprietor, in relation to a lease, means the person who is\nregistered under the Land Titles Act 1925 as proprietor of the lease.\nrental lease means a lease for rent that is more than a nominal rent.\nresidential lease means a lease that authorises only residential use of\nthe land described in the lease.\nrural lease means a lease granted for a rural purpose or purposes\nincluding a rural purpose.\nsingle dwelling house lease means a lease granted under\nsection 266 (1) (f).\n\nsubdivision—\n(a) means the surrender of 1 or more leases held by the same lessee,\nand the grant of new leases to the lessee to subdivide the parcel\nor parcels of land in the surrendered lease or leases; but\n(b) does not include the subdivision of land—\n(i) under the Unit Titles Act 2001; or\n(ii) by the grant of a sublease.\nsublease means a sublease of—\n(a) a parcel of land, or part of a parcel of land, subject to a lease; or\n(b) a building, or part of a building, on a parcel of land subject to a\n","sortOrder":265},{"sectionNumber":"257","sectionType":"section","heading":"Meaning of lease—Act","content":"257 Meaning of lease—Act\nlease means a lease (other than a sublease) of land—\n(a) granted under this Act; or\n(b) granted or arising under the Unit Titles Act 2001.\nNote Some leases are taken to have been granted under this Act (see s 619).\n","sortOrder":266},{"sectionNumber":"258","sectionType":"section","heading":"When is a lease a concessional lease—Act","content":"258 When is a lease a concessional lease—Act\n(a) means a lease—\n(i) that is stated in the lease, or a memorial to the lease, to be\nconcessional and which has not had its concessional status\nremoved; or\n\n(ii) granted on a concessional basis and which has not had its\nconcessional status removed; and\n(b) includes the following:\n(i) a consolidated or subdivided concessional lease;\n(ii) a further concessional lease;\n(iii) a regranted concessional lease.\nExample—par (a) (i)\n(2) For this Act, a lease has had its concessional status removed if—\n(a) the lease is varied to remove its concessional status in\naccordance with division 10.5.3 or the Planning and\nDevelopment Act 2007 (repealed), division 9.4.2; or\n(b) for a lease granted before 31 March 2008—either of the\nfollowing amounts has been paid:\n(i) an amount in relation to the grant of the lease that is equal\nto the lease’s market value at the time of payment or, if the\namount is paid in parts, at the time of the last payment;\n(ii) an amount to reduce the rent payable under the lease to a\nnominal rent under the Land (Planning and Environment)\nAct 1991 (repealed), section 186 (Variation of lease to pay\nout rent).\n(3) For this Act, a lease—\n(a) is granted on a concessional basis if it is granted for a\nconsideration less than the full market value of the lease,\nwhether paid as a lump sum or payable as rent, or for no\nconsideration; but\n\n(b) is not granted on a concessional basis only because the lease—\n(i) was granted under the Leases (Special Purposes) Act 1925\n(repealed); and\n(ii) was granted before 1 January 1971; and\n(iii) is a lease to which the Leases (Special Purposes) Act 1970\n(repealed), section 5AB (Rent) applies.\nconsolidated or subdivided concessional lease means a lease—\n(a) granted during a consolidation or subdivision involving the\nsurrender of 1 or more previous leases if 1 or more of the\nprevious leases was granted on a concessional basis; and\nfurther concessional lease means a further lease—\n(a) if the surrendered lease was granted on a concessional basis; and\npaid—an amount has been paid if the relevant amount—\n(a) was paid to the Territory, a territory entity, the Commonwealth,\na Commonwealth entity or the entity that originally granted the\n(b) was waived by the Treasurer under the Financial Management\nAct 1996, section 131, or part of the amount was waived and the\nrest of the amount was paid in accordance with paragraph (a).\nregranted concessional lease means a regranted lease—\n(a) whether the regrant is on the same or different conditions, if the\nsurrendered lease was granted on a concessional basis; and\n\n","sortOrder":267},{"sectionNumber":"259","sectionType":"section","heading":"Meaning of market value lease—Act","content":"259 Meaning of market value lease—Act\nmarket value lease—\n(a) means a lease other than a concessional lease or a lease that is\npossibly concessional; and\n(b) includes a lease mentioned in schedule 2, part 2.2.\nNote A lease is taken to be a market value lease if, after an application under\ns 298, the territory planning authority is not satisfied it is a concessional\nlease (see s 299 (3) (b) and s 300 (4) (b)).\n","sortOrder":268},{"sectionNumber":"260","sectionType":"section","heading":"Meaning of possibly concessional—Act","content":"260 Meaning of possibly concessional—Act\n(1) For this Act, a lease is possibly concessional if the lease—\n(a) was granted before 31 March 2008; and\n(b) does not include a statement in the lease, or a memorial to the\nlease, that the lease is granted on a concessional basis or\notherwise; and\n(c) is mentioned in schedule 2, part 2.3.\n(2) However, a lease is not possibly concessional if the lease is also\nmentioned in schedule 2, part 2.2.\n\n","sortOrder":269},{"sectionNumber":"261","sectionType":"section","heading":"Effect subject to pt 10.8","content":"261 Effect subject to pt 10.8\nThis part has effect subject to part 10.8 (Rural leases).\n","sortOrder":270},{"sectionNumber":"262","sectionType":"section","heading":"Authority may grant leases","content":"262 Authority may grant leases\nThe territory planning authority is authorised to grant, on behalf of\nthe Executive, leases that the Executive may grant on behalf of the\nNote For power to delegate this function, see s 25 (2).\n","sortOrder":271},{"sectionNumber":"263","sectionType":"section","heading":"Granting leases","content":"263 Granting leases\n(1) The territory planning authority may grant a lease by—\n(a) auction; or\n(b) tender; or\n(c) ballot; or\n(d) direct sale.\n(2) A lease granted under this section must include—\n(a) a statement—\n(i) if the lease is granted on a concessional basis—that the\nlease is concessional; or\n\n(ii) if the lease is not granted on a concessional basis—to the\neffect that the lease is a market value lease; and\nExamples—statement in lease\n1 a condition of the lease\n2 a notation or stamp on the lease\nExamples—statement to the effect that lease is market value lease\n1 the lease is a market value lease\n2 the lease is not concessional\n(b) for a land rent lease—a statement that the lease is a land rent\nNote A grant must be lodged with the registrar-general under the Land Titles\nAct 1925 (see that Act, s 17 (2)).\n(3) A lease granted under this section may include provisions—\n(a) requiring the lessee to develop the land described in the lease, or\nany unleased land, in a stated way; or\n(b) requiring the lessee to give security for the performance of any\nof the lessee’s obligations under the lease.\n","sortOrder":272},{"sectionNumber":"264","sectionType":"section","heading":"Lease conditional on approval for stated development","content":"264 Lease conditional on approval for stated development\n(1) This section applies to a lease granted under section 263 if—\n(a) a provision of the lease requires the lessee to obtain the approval\nof the territory planning authority to undertake development on\nthe land described in the lease; and\n(b) the development is exempt development.\n(2) The lessee does not require the territory planning authority’s approval\nfor the development.\n\n","sortOrder":273},{"sectionNumber":"265","sectionType":"section","heading":"Eligibility for grant of lease","content":"265 Eligibility for grant of lease\nThe territory planning authority may restrict the people eligible for\nthe grant of a lease under section 263 by stating, in the relevant notice\nof auction, tender, ballot or direct sale, that a class of people is eligible\nor ineligible for the grant of a lease under the auction, tender, ballot\nor direct sale.\n","sortOrder":274},{"sectionNumber":"266","sectionType":"section","heading":"Restriction on direct sale by authority","content":"266 Restriction on direct sale by authority\n(1) The territory planning authority must not grant a lease under\nsection 263 (1) (d) unless—\n(a) for a lease prescribed by regulation for this paragraph—\n(i) the grant is in accordance with criteria prescribed by\nregulation for this paragraph; and\n(ii) the Executive approves the grant; or\n(b) for a lease prescribed by regulation for this paragraph—\n(i) the grant is in accordance with criteria prescribed by\nregulation for this paragraph; and\n(ii) the Minister approves the grant; or\n(c) the Executive approves the grant under subsection (2); or\n(d) for a community lease—the grant is approved by the Executive\nunder section 293; or\n(e) the lease is prescribed by regulation; or\n(f) the grant is of a residential lease for a single dwelling house; or\n(g) the grant is to give effect to a lease variation (whether by\nconsolidation, subdivision or otherwise); or\n\n(h) the grant is in accordance with—\n(i) section 267 (Direct sale if single person in restricted class);\nor\n(ii) section 289 (Grant of further leases); or\n(i) for a lease over an encroachment on adjoining land under section\n159 (Applications for development encroaching on adjoining\nland if development prohibited)—the territory plan has been\namended in accordance with section 88 (Rezoning—\ndevelopment encroaching on adjoining land).\n(2) The Executive may approve the grant by direct sale of a lease (other\nthan a community lease) if satisfied that—\n(a) the grant meets 1 or more of the grant objectives; and\n(b) a grant by a means other than direct sale—\n(i) is not likely to meet any of the grant objectives; or\n(ii) may meet 1 or more of the grant objectives but is unlikely\nto meet the objective to the same extent as the grant by\ndirect sale of the lease.\n(3) The validity of a lease granted under section 263 (1) (d) is not taken\nto be affected by a failure to comply with any criteria or requirement\napplicable to the grant of the lease.\nadjoining land—see section 158 (1) (a).\nencroachment—see section 158 (1) (b).\n\ngrant objective—each of the following is a grant objective:\n(a) to benefit the economy of the ACT or surrounding region;\n(b) to contribute to the environment, or social or cultural features in\nthe ACT;\n(c) to introduce new skills, technology or services in the ACT;\n(d) to contribute to the export earnings and import replacement of\nthe ACT or surrounding region;\n(e) to facilitate the achievement of a major policy objective.\nsingle dwelling house—see the territory plan.\n","sortOrder":275},{"sectionNumber":"267","sectionType":"section","heading":"Direct sale if single person in restricted class","content":"267 Direct sale if single person in restricted class\n(a) under section 265 (Eligibility for grant of lease), the territory\nplanning authority restricts the people eligible to apply for a\n(b) only 1 person is eligible for the grant of the lease.\n(2) The territory planning authority may grant the lease to the person\nunder section 263 (1) (d) without auctioning the lease, calling for\ntenders or holding a ballot.\n","sortOrder":276},{"sectionNumber":"268","sectionType":"section","heading":"Notice of direct sale","content":"268 Notice of direct sale\n(1) The territory planning authority must, not later than 10 working days\nafter the end of a quarter, give the Minister—\n(a) a statement of—\n(i) the number of single dwelling house leases granted during\nthe quarter; and\n(ii) any other information prescribed by regulation for single\ndwelling house leases; and\n\n(b) a statement that sets out the prescribed information for each\nother direct sale lease granted during the quarter; and\n(c) a copy of each other direct sale lease granted during the quarter.\n(2) The Minister must present the documents given under subsection (1)\nto the Legislative Assembly not later than 5 sitting days after the day\nthe Minister receives the information.\n(3) To remove any doubt, the validity of a single dwelling house lease or\nother direct sale lease is not affected by a failure to comply with\nsubsection (1) or (2) in relation to the lease.\nother direct sale lease means a lease granted by direct sale, other than\na single dwelling house lease.\nprescribed information, for an other direct sale lease, means—\n(a) the amount (if any) paid for the grant of the lease; and\n(b) if the lease was granted with the approval of the Executive under\nsection 266 (2)—the reason for granting the lease with the\napproval of the Executive.\n","sortOrder":277},{"sectionNumber":"269","sectionType":"section","heading":"Direct sale leases subject to certain provisions","content":"269 Direct sale leases subject to certain provisions\n(1) A lease granted under section 263 (1) (d) must be granted subject to\nthe provisions that are agreed between the territory planning authority\nand the applicant for the lease.\n(2) A regulation may prescribe a provision or matter that must, or must\nnot, be included in a lease granted under section 263 (1) (d).\n","sortOrder":278},{"sectionNumber":"270","sectionType":"section","heading":"Authority need not grant lease","content":"270 Authority need not grant lease\n(1) The territory planning authority need not grant a lease to an applicant,\neven if applications for the lease have been invited.\n\n(2) If applications for a lease have been invited subject to conditions, the\nterritory planning authority may, without granting a lease, invite fresh\napplications for the lease subject to the same or other conditions.\n","sortOrder":279},{"sectionNumber":"271","sectionType":"section","heading":"Report before granting leases","content":"271 Report before granting leases\n(1) The territory planning authority may prepare a report in relation to a\nproposal to grant a lease.\n(2) A regulation may prescribe what must be included in the report.\n(3) The territory planning authority must prepare a report in relation to a\nproposal to grant a lease if directed in writing to do so by the Minister.\n","sortOrder":280},{"sectionNumber":"272","sectionType":"section","heading":"Lease must provide for access by road etc","content":"272 Lease must provide for access by road etc\n(1) The territory planning authority must not grant a lease unless satisfied\nthat, during the term of the lease, the lessee will have—\n(a) direct access to the leased land from a road or road related area;\nor\n(b) access to the leased land from a road or road related area by an\naccess road or track, or in another way, that the lessee may use\nfor entry or exit only, without charge and at any time.\n(2) Access provided because of subsection (1) (b)—\n(a) must not interfere with a building, garden or stockyard on the\nland (the affected land) through which the access is provided at\nthe time the access is provided; and\n(b) must be located in a way that causes as little damage to the\naffected land, or inconvenience to the lessee of the affected land,\nas possible.\n(3) The validity of a lease granted under this part is not affected by a\nfailure to comply with this section.\n\nroad—see the Road Transport (General) Act 1999, dictionary.\nroad related area—see the Road Transport (General) Act 1999,\n","sortOrder":281},{"sectionNumber":"273","sectionType":"section","heading":"Failure to accept and execute lease","content":"273 Failure to accept and execute lease\n(1) This section applies if, not later than the end of the period prescribed\nby regulation, a person who is entitled to the grant of a lease under\nthis chapter fails to—\n(a) accept and execute the lease; or\n(b) pay any amount the person is required to pay before being\ngranted the lease.\n(2) The territory planning authority may, by written notice to the person,\nend the person’s right to be granted the lease.\n(3) A notice under subsection (2) must—\n(a) state the ground on which it is given; and\n(b) state that it takes effect on the day 20 working days after the day\nit is given.\n(4) If the territory planning authority does not know the home address of\nthe person to whom the notice under subsection (2) is to be given, the\nauthority may give public notice of the notice.\n(5) A notice given under subsection (2) takes effect on the day\n20 working days after the day it is given.\n(6) A person whose right to be granted a lease has been ended under this\nsection does not have any claim for compensation in relation to the\nending of the right or for the recovery of any money paid to the\nterritory planning authority in relation to the grant of the lease.\n\n","sortOrder":282},{"sectionNumber":"274","sectionType":"section","heading":"Payment for leases generally","content":"274 Payment for leases generally\n(1) The territory planning authority must not grant a lease other than for\npayment of an amount that is not less than the market value of the\n(2) However, subsection (1) does not apply in relation to—\n(a) a rental lease granted for not less than the market rental value of\nthe lease; or\n(b) a land rent lease; or\n(c) a lease mentioned in section 275 (Payment for adjoining\nconcessional leases); or\n(d) the grant of a community lease by—\n(i) direct sale in accordance with section 293 (Grant of\ncommunity lease by direct sale); or\n(ii) tender in accordance with section 295 (Grant of\ncommunity lease by tender); or\n(e) a further lease granted under section 289 (Grant of further\nleases); or\n(f) the grant of a lease prescribed by regulation for which the\namount prescribed by regulation has been paid; or\n(g) the grant of a lease of land prescribed by regulation to the\nUniversity of NSW.\n(3) For subsection (1) and (2) (f), payment for a lease may include\nmonetary and non-monetary components.\nExamples—non-monetary components\nprovision of infrastructure, goods, services or other works\n\nUse of leased land Division 10.2.3\n(4) If before a lease is granted, a contract for the grant of the lease is\nentered into, the market value of the lease must be determined at the\ntime the contract is entered into.\n(5) The validity of a lease granted by the territory planning authority is\nnot affected by a failure to comply with this section.\n","sortOrder":283},{"sectionNumber":"275","sectionType":"section","heading":"Payment for adjoining concessional leases","content":"275 Payment for adjoining concessional leases\n(1) This section applies to the grant of a lease (a new lease) under\nsection 263 (1) (d) if—\n(a) the new lease adjoins another lease (an adjoining lease) granted\nto the person; and\n(b) the adjoining lease is a concessional lease.\n(2) The territory planning authority may grant the new lease on payment\nof an amount worked out in the way the amount payable for the\nadjoining lease was worked out.\n(3) If the amount payable for the adjoining lease was worked out under a\nrepealed Act, the repealed Act applies to working out the amount\npayable for the new lease as if the repealed Act had not been repealed.\nrepealed Act means—\n(a) the Land (Planning and Environment) Act 1991 (repealed); or\n(b) the Planning and Development Act 2007 (repealed).\n","sortOrder":284},{"sectionNumber":"276","sectionType":"section","heading":"Use of land for leased purpose","content":"276 Use of land for leased purpose\n(1) Land, or a building or other structure on land, in relation to which a\nlease has been granted, whether before or after the commencement of\nthis part, must not be used for a purpose other than a purpose\nauthorised by the lease or this Act.\n\n(2) However, if the lease is a residential lease, the land may also be used\nfor a home business.\nNote While the use of a residential lease for a home business is authorised,\nbeginning to use the land for a home business requires development\napproval unless the use is an exempt development (see pt 7.2).\nhome business, in relation to a residential lease of land, means a\nprofession, trade or other occupation carried on by a resident of a\nbuilding or other structure on the land.\n","sortOrder":285},{"sectionNumber":"277","sectionType":"section","heading":"Authority may authorise temporary use of land for special","content":"277 Authority may authorise temporary use of land for special\ncircumstances\n(1) The territory planning authority may authorise the use of land subject\nto a lease, or a building or other structure on the land, for a purpose\nother than a purpose authorised by the lease if satisfied—\n(a) the land, building or other structure is needed urgently for the\npurpose; and\n(b) using the land, building or other structure for the purpose will\nachieve a significant public benefit.\n(2) The territory planning authority must not authorise a use under\nsubsection (1) for a period longer than is reasonably necessary for the\npurpose.\n","sortOrder":286},{"sectionNumber":"278","sectionType":"section","heading":"No right to use, flow and control of water","content":"278 No right to use, flow and control of water\nA lease or further lease granted under this chapter does not give a\nright to the use, flow and control of water (including water containing\nimpurities) under the land described in the lease.\nNote This section does not apply in relation to leases or further leases granted\nbefore the commencement of the Water Resources Act 1988 (repealed)\non 11 December 1998.\n\n","sortOrder":287},{"sectionNumber":"279","sectionType":"section","heading":"Leases to which restriction under s 280 applies","content":"279 Leases to which restriction under s 280 applies\n(1) Section 280 applies in relation to the following leases:\n(a) a lease that provides that the lessee cannot deal with the land, or\npart of the land, described in the lease without the prior written\napproval of the territory planning authority;\n(b) a lease granted under section 263 (1) by auction, tender or ballot,\nif the class of people eligible or ineligible for the grant was\nrestricted under section 265;\n(c) a lease granted under section 263 (1) (d), other than—\n(i) a lease granted to the Territory; or\n(ii) a single dwelling house lease, unless the lease provides that\nthe lessee cannot deal with the land, or part of the land,\ndescribed in the lease without the prior written approval of\nthe territory planning authority; or\n(iii) a lease—\n(A) that was offered for sale under\nsection 263 (1) (a) or (c) but not sold; and\n(B) for which not less than the market value was paid for\nthe subsequent direct sale; or\n(iv) a lease—\n(A) that was sold under section 263 (1) (c) but the contract\nof sale was rescinded or otherwise ended before the\nlease was granted under the contract; and\n(B) for which not less than the market value was paid for\nthe subsequent direct sale;\n(d) a lease prescribed by regulation.\n\n(2) Section 280 does not apply in relation to the following leases:\n(a) a concessional lease;\n(b) a rural lease;\n(c) a lease granted to the University of NSW of land mentioned in\nsection 274 (2) (g).\nNote Dealings with concessional leases and rural leases are restricted under\ns 306 and s 351.\n(3) If section 280 applies to a lease, the territory planning authority must\ntell the registrar-general that it applies.\nNote If the territory planning authority tells the registrar-general that s 280\napplies to a lease, the registrar-general must include a memorial in the\nregister to that effect (see Land Titles Act 1925, s 72D).\n","sortOrder":288},{"sectionNumber":"280","sectionType":"section","heading":"Restriction on transfer, assignment and parting with","content":"280 Restriction on transfer, assignment and parting with\npossession\n(1) This section applies if a memorial in relation to a lease states that this\nsection applies to it.\n(2) The lessee under the lease, or anyone else with an interest in the lease,\nmust not, during the restricted period for the lease, deal with the lease\nin either of the following ways without the territory planning\nauthority’s written approval under section 281:\n(a) assign or transfer the lease;\n(b) part with possession of the land described in the lease or any part\nof it.\n(3) However, a regulation may exempt a lease from this section,\ngenerally or in relation to a particular dealing.\n(4) A dealing mentioned in subsection (2) in relation to a lease that is\nmade or entered into without the territory planning authority’s\napproval has no effect.\n\n(5) However, subsection (4) does not apply to a dealing registered under\nthe Land Titles Act 1925.\nrestricted period, for a lease, means—\n(a) for a lease that provides that the lessee cannot deal with the land,\nor part of the land, described in the lease without the territory\nplanning authority’s prior written approval—the period stated in\nthe lease or, if no period is stated, the term of the lease; or\n(b) for a lease granted under section 263 (1) by auction, tender or\nballot, if the class of people eligible or ineligible for the grant\nwas restricted under section 265—5 years after the day the lease\nwas granted; or\n(c) for a lease granted under section 263 (1) (d)—the period ending\n5 years after the day the lease was granted; or\n(d) for a lease prescribed by regulation—\n(i) the period prescribed by regulation for the lease; or\n(ii) if no period is prescribed—the term of the lease.\n","sortOrder":289},{"sectionNumber":"281","sectionType":"section","heading":"Approval to transfer, assign, or part with possession","content":"281 Approval to transfer, assign, or part with possession\n(1) The territory planning authority must not approve a dealing under this\nsection in relation to a lease unless—\n(a) satisfied that the person to whom it is proposed that the lease\nshould be assigned or transferred or the person to whom it is\nproposed that possession of the land should be given, is a person\nwho satisfies the criteria prescribed under section 266 in relation\nto the class of leases in which the lease is included; or\n\n(b) if the lease was originally granted by restricted auction, tender\nor ballot—satisfied that the person to whom it is proposed that\nthe lease should be assigned or transferred or the person to\nwhom it is proposed that possession of the land should be given,\nis a person who could have been granted the original lease.\n(2) The validity of a dealing made or entered into with the territory\nplanning authority’s written approval is not affected—\n","sortOrder":290},{"sectionNumber":"282","sectionType":"section","heading":"Restriction on transfer, assignment and parting with","content":"282 Restriction on transfer, assignment and parting with\npossession—certain University of NSW leases\n(1) This section applies to a lease granted to the University of NSW of\nland mentioned in section 274 (2) (g).\n(2) The territory planning authority must tell the registrar-general that\nthis section applies to the lease.\nNote If the territory planning authority tells the registrar-general that this\nsection applies to a lease, the registrar-general must include a memorial\nin the register to that effect (see Land Titles Act 1925, s 72D).\n(3) If a memorial stating that this section applies to the lease is included\nin the register under the Land Titles Act 1925, the University of NSW,\nor anyone else with an interest in the lease, must not—\n(a) for 20 years after the day the lease was granted—deal with the\n(b) after the 20-year period—deal with the lease without the\nterritory planning authority’s approval under section 283.\n(4) A dealing in relation to a lease to which this section applies that is\nmade or entered into in contravention of subsection (3) has no effect.\n\n(5) However, subsection (4) does not apply to a dealing registered under\nthe Land Titles Act 1925.\ndeal, with a lease—\n(i) assign or transfer the lease; or\n(ii) vary the lease; or\n(iii) part with possession of the land described in the lease or\nany part of it; but\n(b) does not include a subdivision or consolidation of the lease.\n","sortOrder":291},{"sectionNumber":"283","sectionType":"section","heading":"Approval to transfer, assign, or part with possession—","content":"283 Approval to transfer, assign, or part with possession—\ncertain University of NSW leases\n(1) The territory planning authority must not approve a dealing under\nsection 282 (3) (b) in relation to a lease—\n(a) without the Executive’s approval; and\n(b) unless satisfied that—\n(i) for an assignment or transfer of the lease or change in\npossession of the land described in the lease—the person\nto whom it is proposed that the lease should be assigned or\ntransferred or the person to whom it is proposed that\npossession of the land should be given, is—\n(A) a registered training organisation under the National\nVocational Education and Training Regulator\nAct 2011 (Cwlth); or\n\n(B) a registered higher education provider under the\nTertiary Education Quality and Standards Agency\nAct 2011 (Cwlth); or\n(ii) for a variation of the lease—the variation is consistent with\nthe authorised use of the land under the original lease.\n(2) The validity of a dealing made or entered into with the territory\nplanning authority’s approval is not affected—\n","sortOrder":292},{"sectionNumber":"284","sectionType":"section","heading":"Restriction on subletting of land","content":"284 Restriction on subletting of land\n(1) A lessee must not sublease any land described in a lease without the\nterritory planning authority’s prior written approval.\nNote A sublessee cannot further sublease the land under the sublease (see Land\nTitles Act 1925, s 88E).\n(2) The territory planning authority must, in writing, approve or refuse to\napprove a sublease of land not later than 10 working days after the\nauthority is asked, in writing, to approve the sublease.\n(3) The territory planning authority must not approve a sublease of\n(a) other than in accordance with criteria prescribed by regulation;\nand\n(b) if the sublease—\n(i) is inconsistent with this Act or the Land Titles Act 1925; or\n(ii) allows—\n(A) the extension of the initial term of the sublease; or\n(B) the grant of a further sublease; and\n\n(c) unless satisfied that, during the term of the sublease (including\na declared land sublease), the sublessee will have—\n(i) direct access to the subleased land from a road or road\nrelated area; or\n(ii) access to the subleased land from a road or road related\narea by an access road or track, or in another way, that the\nsublessee may use for entry or exit only, without charge\nand at any time.\n(4) If the territory planning authority approves a sublease, the lessee must\nexecute and give the executed sublease to the authority.\n(5) The territory planning authority must execute and give the executed\nsublease to the registrar-general for registration under the Land Titles\nAct 1925.\n(6) Access provided because of subsection (3) (c) (ii)—\n(a) must not interfere with a building, garden or stockyard on the\nland through which the access is provided at the time the access\nis provided; and\n(b) must be located in a way that causes as little damage to the land,\nor inconvenience to any sublessee or the lessee of the land, as\npossible.\n(7) A regulation may prescribe—\n(a) the form of a sublease; and\n(b) a document that must accompany or be included in a sublease;\nand\n(c) a provision that must or must not be included in the sublease.\n(8) A provision of a sublease is void if—\n(a) it is inconsistent with this Act or the Land Titles Act 1925, to the\nextent of the inconsistency; or\n\n(b) it allows the extension of the initial term of the sublease; or\n(c) it allows the grant of a further sublease.\n(9) Nothing in this Act, by itself, creates an obligation on a lessee under\na sublease of land to grant the sublessee a further or new sublease.\nNote The Unit Titles Act 2001, s 167AA provides for the grant of further leases\nof units and common property if a declared land sublease is subdivided\nby a units plan.\n(10) This section does not apply to a part of land sublet under section 285\nand section 286.\n(11) In this section:\nroad—see the Road Transport (General) Act 1999, dictionary.\nroad-related area—see the Road Transport (General) Act 1999,\n","sortOrder":293},{"sectionNumber":"285","sectionType":"section","heading":"Subletting part of building","content":"285 Subletting part of building\n(1) Any part of a building on land described in a lease may, subject to the\nlease, any sublease of the land and this Act, be sublet separately from\nthe remainder of the building.\n(2) If a part of a building is sublet separately from the remainder of the\nbuilding, any part of the parcel of land with the building on it may be\nsublet with the part of the building separately from the remainder of\nthe parcel, as long as the part of the parcel sublet adjoins the part of\nthe parcel with the building on it.\n(3) To remove any doubt, nothing in this section prevents the subletting\nof a whole building.\n","sortOrder":294},{"sectionNumber":"286","sectionType":"section","heading":"Subletting for siting of mobile homes","content":"286 Subletting for siting of mobile homes\n(a) a lease of land authorises the use of the land described in the\nlease as a mobile home park; and\n\n(b) part of the land is being used, or intended to be used, for the\nsiting of a mobile home.\n(2) The part of the land may, subject to the lease and any sublease of the\nland, be sublet separately from the remainder of the land.\nmobile home means a dwelling (whether or not on wheels) capable\nof being transferred from place to place and re-erected.\nmobile home park means land used for the purpose of\naccommodating mobile homes or caravans, and includes a caravan\npark or camping ground.\n","sortOrder":295},{"sectionNumber":"287","sectionType":"section","heading":"Land leased to be held as undivided parcel","content":"287 Land leased to be held as undivided parcel\n(1) The land described in a lease must at all times be held and occupied\nby or under the lessee as 1 undivided parcel, unless section 284,\nsection 285 or section 286 provides otherwise.\n(2) The land described in a lease may be sublet and the lease and any\ninterest in it may be assigned, transferred or mortgaged, unless a\nprovision of this chapter provides otherwise.\n","sortOrder":296},{"sectionNumber":"288","sectionType":"section","heading":"Leases held by Territory not to be transferred or assigned","content":"288 Leases held by Territory not to be transferred or assigned\n(1) The Territory must not transfer or assign a lease if the Territory is the\nregistered proprietor of the lease.\n(2) To remove any doubt, subsection (1) does not prevent the Territory\nfrom subletting a lease if the Territory is the registered proprietor of\nthe lease.\n\n","sortOrder":297},{"sectionNumber":"289","sectionType":"section","heading":"Grant of further leases","content":"289 Grant of further leases\n(a) a person who is or was the lessee under a lease of land (the old\nlease) applies to the territory planning authority for the grant of\nanother lease of the land (a further lease); and\n(b) neither the Territory nor the Commonwealth needs the land for\na public purpose; and\n(c) either—\n(i) before the expiry of the old lease, the lessee surrenders the\nold lease; or\n(ii) the old lease expired not more than 6 months before the\napplication for the grant of the further lease; and\n(d) if the old lease is not a residential lease—all rent due under the\nold lease is paid; and\n(e) if the further lease is a rural lease—\n(i) if the further lease is a rental lease—the amount of rent\ndetermined under section 347 is payable under the further\n(ii) in any other case—\n(A) the amount determined under section 347 for the grant\nof the further lease is paid; or\n(B) if the determination under section 347 for the grant of\nthe further lease provides for the payment of the\namount by instalments—any instalment required,\nunder the determination, to be paid before the further\nlease is granted is paid; and\n\nGrants of further leases Part 10.3\n(f) any criteria prescribed by regulation are satisfied.\n(2) For an old lease granted or arising under the Unit Titles Act 2001—\n(a) the owners corporation for a units plan may apply on behalf of\nan owner of a unit for the grant of a further lease of the unit; and\n(b) for a units plan that subdivides land under a declared land\nsublease—the owners corporation for the units plan may apply\nfor the grant of a further lease under the Unit Titles Act 2001,\nsection 167AA.\n(3) The territory planning authority must grant the lessee the further lease\nof the land for a term not longer than—\n(a) 99 years; or\n(b) for a rural lease for which a period shorter than 99 years is\ndetermined under section 348—the shorter period.\n(4) A further lease granted under this section must include a statement—\n(a) if the lease is a concessional lease—that the lease is\nconcessional; or\n(b) if the lease is not concessional—to the effect that the lease is a\nmarket value lease.\nExamples—statement in lease\nExamples—statement to effect that lease is market value lease\nthe lease is a market value lease or the lease is not concessional\nNote A grant must be lodged with the registrar-general under the Land Titles\nAct 1925 (see that Act, s 17 (2)).\n(5) A further lease begins on the day after—\n(a) the day the old lease is surrendered; or\n(b) for a further lease granted on application after the expiry of the\nold lease—the day after the old lease expires.\n\n(6) If the term of a further lease granted under subsection (3) is not longer\nthan the term of the old lease, any fee payable under subsection (3)\nfor the grant of the further lease must not be more than the cost of\ngranting the further lease.\n","sortOrder":298},{"sectionNumber":"290","sectionType":"section","heading":"Grant of further lease includes same authorised use","content":"290 Grant of further lease includes same authorised use\n(1) This section applies if a further lease is granted under section 289 on\nthe surrender of an existing lease.\n(2) The further lease must authorise each use of the leased land, and any\nbuilding or other structure on the land, that the surrendered lease\nauthorised.\n(3) However, subsection (2) does not apply if a person applies for a\nchange of use of land, or of a building or other structure on land, that\ninvolves a lease variation at the same time as applying for the grant\nof the further lease.\n(4) To remove any doubt, a further lease may include provisions that are\ndifferent from the lease that it is replacing.\nExample—s (4)\nA further lease includes a restriction on the number of dwellings that may be built\non the land described in the lease, and the old lease did not include a similar\nprovision.\n\n","sortOrder":299},{"sectionNumber":"Part 10","sectionType":"part","heading":"4 Grants of concessional leases to","content":"Part 10.4 Grants of concessional leases to\ncommunity organisations\n","sortOrder":300},{"sectionNumber":"291","sectionType":"section","heading":"Meaning of community lease and community lease use","content":"291 Meaning of community lease and community lease use\ncommunity lease means a concessional lease granted to a community\norganisation for 1 or more community lease uses.\ncommunity lease use means each of the following community uses:\n(a) community activity centre;\n(b) community theatre;\n(c) cultural facility;\n(d) educational establishment;\n(e) indoor recreation facility;\n(f) outdoor education establishment;\n(g) outdoor recreation facility;\n(h) place of worship;\n(i) playing field;\n(j) religious associated use;\n(k) a community use prescribed by regulation.\n(2) A term used in subsection (1) has the same meaning as it has in the\ncommunity use includes a minor use incidental to the community use.\n\n","sortOrder":301},{"sectionNumber":"292","sectionType":"section","heading":"Meaning of community lease provisions","content":"292 Meaning of community lease provisions\ncommunity lease provisions, for a community lease, means the\n(a) a provision requiring the lease to be held by a sole lessee;\n(b) a provision stating the restrictions applying to the lease under\nsection 307 (Approval of dealings with concessional leases)\nwhen the lease is granted;\n(c) if the lease includes a building and development provision—a\nprovision stating that the provisions mentioned in\nparagraphs (d) to (f) commence on the issue of a certificate of\noccupancy stating that the building and development provision\nhas been complied with;\n(d) if the community lease use for which the land described in the\nlease must be used involves a non-continuous service being\nprovided on the land—a provision stating the minimum\nrequirements for how frequently, and for how long, the service\nmust be provided;\n(e) a provision requiring the lessee to give the territory planning\nauthority prescribed information about the use of the land\ndescribed in the lease;\n(f) a provision requiring the lessee to give the territory planning\nauthority reports about the use of the land described in the lease;\n(g) any other provision prescribed by regulation.\nExample—par (d)\nthe lessee must provide a place of worship that is open on weekends, and on 3\nworking days, for at least 8 months per year\n\n","sortOrder":302},{"sectionNumber":"293","sectionType":"section","heading":"Grant of community lease by direct sale","content":"293 Grant of community lease by direct sale\n(1) The Executive may approve the grant by direct sale of a community\nlease if satisfied that—\n(a) the grant will achieve the objective of delivering a service that\nprovides ongoing benefits to the community; and\n(b) a grant by a means other than direct sale is unlikely to meet that\nobjective to the same extent as the grant by direct sale of the\n(2) If the Executive approves the grant of a community lease under\nsubsection (1), the approval must—\n(a) state the reasons why the grant is not to be made by tender under\nsection 295; and\n(b) state the community lease use for which the land must be used.\n(3) A statement of reasons under subsection (2) must be published on the\n(4) If the territory planning authority grants a community lease by direct\nsale, the lease must include—\n(a) the community lease use for which the land must be used; and\n(b) the community lease provisions.\nNote 1 The territory planning authority may only grant a community lease if the\nExecutive approves the grant under s (1) (see s 266 (1) (d)).\nNote 2 The lease must also include a statement that the lease is a concessional\nlease (see s 263 (2) (a) (i)).\n","sortOrder":303},{"sectionNumber":"294","sectionType":"section","heading":"Statement of future community land for stated districts","content":"294 Statement of future community land for stated districts\n(1) The territory planning authority may, for a stated district, make a\nstatement setting out the government’s priorities in relation to\ncommunity use of land in the district.\n\n(2) The statement—\n(a) must identify 1 or more areas of land that may be leased for\ncommunity lease uses; and\n(b) for each identified area—must propose the community lease\nuse; and\n(c) may state that the identified land is to be used only for the\nproposed community lease use.\n(3) A statement is a notifiable instrument.\n","sortOrder":304},{"sectionNumber":"295","sectionType":"section","heading":"Grant of community lease by tender","content":"295 Grant of community lease by tender\n(1) The territory planning authority may grant a community lease by\ntender only if—\n(a) the land described in the lease is in an area of land identified\nunder section 294 (2) (a); and\n(b) the land is to be used only for the community lease use proposed\nunder section 294 (2) (b); and\n(c) the authority has given notice—\n(i) identifying the land by the block, section number and\ndivision; and\n(ii) stating the community lease use for which the land must be\nused; and\n(d) the tender process is undertaken in the way prescribed by\nregulation; and\n(e) the authority is satisfied that the person to whom the lease is\ngranted meets the criteria prescribed by regulation; and\n(f) the lease includes—\n(i) the community lease use for which the land must be used;\nand\n\n(ii) the community lease provisions.\nNote The lease must also include a statement that the lease is a\nconcessional lease (see s 263 (2) (a) (i)).\n(2) A notice under subsection (1) (c) is a notifiable instrument.\nsection, in relation to land—see the Districts Act 2002, dictionary.\n","sortOrder":305},{"sectionNumber":"296","sectionType":"section","heading":"Community use reports","content":"296 Community use reports\n(1) This section applies if the lessee of a community lease is required\nunder the lease to give the territory planning authority reports about\nthe use of the land described in the lease.\n(2) The lessee must, for each financial year, prepare a report about how\nthe lessee’s use of the land has benefitted the broader community\nduring the financial year.\n(3) The report must—\n(a) include any matter prescribed by regulation; and\n(b) be given to the territory planning authority within—\n(i) 3 months after the end of the financial year; or\n(ii) any longer period allowed by the authority.\n(4) The territory planning authority may ask the lessee for additional\ninformation for the report.\n","sortOrder":306},{"sectionNumber":"297","sectionType":"section","heading":"Audit of use of community lease land","content":"297 Audit of use of community lease land\n(1) The territory planning authority may require the lessee of a\ncommunity lease to commission an audit of the lessee’s use of the\nland described in the lease.\n\n(2) The audit must be—\n(a) paid for by the lessee; and\n(b) undertaken by—\n(i) an auditor appointed by the territory planning authority; or\n(ii) if the authority decides not to appoint an auditor—an\nauditor that is independent of the lessee; and\n(c) undertaken in accordance with procedures decided by the\nterritory planning authority following consultation with the\nlessee.\n(3) The lessee must make all records relating to the lessee’s use of the\nland available to the auditor for examination within a reasonable time\nafter the auditor asks for the records.\n(4) The territory planning authority must not require a lessee to\ncommission more than 1 audit in any 6-month period.\n\n","sortOrder":307},{"sectionNumber":"Div 10","sectionType":"division","heading":"5.1 Deciding whether leases","content":"Division 10.5.1 Deciding whether leases\nconcessional\n","sortOrder":308},{"sectionNumber":"298","sectionType":"section","heading":"Application for decision about whether lease","content":"298 Application for decision about whether lease\nconcessional\nA lessee may apply to the territory planning authority for a decision\nabout whether a lease is a concessional lease.\n","sortOrder":309},{"sectionNumber":"299","sectionType":"section","heading":"Decision about whether lease concessional","content":"299 Decision about whether lease concessional\n(1) On application under section 298, the territory planning authority\nmust decide if the lease is a concessional lease.\n(2) However, if a person other than the lessee has a registered interest in\nthe lease, the territory planning authority must not make a decision\nunder subsection (1) unless the authority has—\n(a) given written notice of the application to the person; and\n(b) in the notice, invited the person to give written representations\nabout the application to the authority at a stated address by not\nlater than the end of a stated period of at least 15 working days\nafter the day the notice is given to the person; and\n(c) considered any representations made in the time given in the\n(3) If the territory planning authority is not satisfied that the lease is a\n(a) the authority must decide that the lease is not concessional; and\n(b) the lease is taken to be a market value lease.\n\n(4) However, the territory planning authority is taken to have decided that\nthe lease is a concessional lease if the authority has not made a\ndecision on the application at the end of the period of 15 working days\nafter—\n(a) the day the application is made; or\n(b) if a person other than the lessee has a registered interest in the\nlease—the day the period for making representations given in\nthe notice ends.\n(5) Despite subsection (4), the territory planning authority may, within\n20 working days after the decision under subsection (4) is taken to\nhave been made, decide that the lease is not a concessional lease.\ndecision of the original decision-maker, the territory planning authority\nwill not be able to make a decision under s (5) if the ACAT has decided\nan application for review of the deemed decision under s (4) (see ACT\nCivil and Administrative Tribunal Act 2008, s 69).\n(6) The territory planning authority must give written notice of the\ndecision under subsection (1) to the applicant and anyone else with a\nregistered interest in the lease to which the decision relates.\n(7) The ACT Civil and Administrative Tribunal Act 2008, section 12\n(When no action taken to be decision) does not apply to this section.\n","sortOrder":310},{"sectionNumber":"300","sectionType":"section","heading":"Authority may decide if lease concessional on own","content":"300 Authority may decide if lease concessional on own\ninitiative\n(1) The territory planning authority may on its own initiative decide if a\nlease is concessional.\n(2) However, the territory planning authority must not make a decision\nunder subsection (1) unless the authority has—\n(a) given written notice of the authority’s intention to make the\ndecision to each person with a registered interest in the lease;\nand\n\n(b) in the notice, invited the person to give written representations\nabout the proposed decision to the authority at a stated address\nby not later than the end of a stated period of at least 15 working\ndays after the day the notice is given to the person; and\n(c) considered any representations made in the time given in the\n(3) If the territory planning authority gives a notice under subsection (2),\nthe authority must make a decision under subsection (1) in relation to\nthe lease not later than 15 working days after the day the period for\nmaking representations given in the notice ends.\n(4) If the territory planning authority is not satisfied that the lease is a\n(a) the authority must decide that the lease is not concessional; and\n(b) the lease is taken to be a market value lease.\n(5) The territory planning authority must give written notice of the\ndecision under subsection (1) to each person with a registered interest\nin the lease to which the decision relates.\n","sortOrder":311},{"sectionNumber":"301","sectionType":"section","heading":"Review of certain decisions about concessional status of","content":"301 Review of certain decisions about concessional status of\n(a) the lease was granted before 31 March 2008; and\n(b) the lease does not state in the lease that the lease is a\nconcessional lease; and\n(c) the territory planning authority made a decision that the lease is\nconcessional (the original decision), whether before or after 31\nMarch 2008; and\n(d) the original decision is stated in a memorial to the lease.\n\n(2) The lessee of the lease may apply to the territory planning authority\nfor a review of the original decision.\n(3) The territory planning authority must decide the application if\n(a) there is additional relevant information about the concessional\nstatus of the lease; or\n(b) there is information to indicate that the authority made a formal\nerror when it made the original decision.\n(4) If subsection (3) applies, the application is taken to be an application\nunder section 298.\n(5) Also, if the territory planning authority is satisfied of the matters\nmentioned in subsection (3), it may on its own initiative, review the\noriginal decision in accordance with section 300.\n","sortOrder":312},{"sectionNumber":"302","sectionType":"section","heading":"Lodging notice of decision about concessional status of","content":"302 Lodging notice of decision about concessional status of\n(1) This section applies if the territory planning authority decides, or is\ntaken to have decided, under this division that a lease—\n(a) is not a concessional lease; or\n(b) is a concessional lease and—\n(i) no application is made to the ACAT for review of the\ndecision within the time allowed for applications; or\n(ii) an application for review of the decision is made and the\nACAT—\n(A) confirms the lease is a concessional lease; or\n(B) remits the matter for reconsideration by the territory\nplanning authority and the authority decides that the\nlease is a concessional lease.\n\n(2) The territory planning authority must lodge a notice with the\nregistrar-general for registration under the Land Titles Act 1925\n(a) if the authority decides that the lease is a concessional lease—\nthe lease is concessional; or\n(b) if the authority decides that the lease is not a concessional\nlease—the lease is a market value lease.\nNote The registrar-general must register an instrument lodged in registrable\nform (see Land Titles Act 1925, s 48 (1)).\n","sortOrder":313},{"sectionNumber":"303","sectionType":"section","heading":"Concessional status of leases","content":"303 Concessional status of leases\n(a) the lease states, in the lease or a memorial to the lease, that the\nlease is a concessional lease; or\n(b) the territory planning authority has lodged a notice that the lease\nis a concessional lease with the registrar-general for registration\n(2) A person may rely on the statement and deal with the lease as a\nconcessional lease.\n(3) The territory planning authority must not make a decision that would\nchange the lease’s status as a concessional lease.\n(4) This section is subject to the following:\n(a) a review of a decision about the concessional status of a lease\nunder section 301;\n(b) a variation of the lease to remove the concessional status of the\nlease under division 10.5.3;\n(c) an order of a court or tribunal.\n\n","sortOrder":314},{"sectionNumber":"304","sectionType":"section","heading":"Non-concessional status of leases","content":"304 Non-concessional status of leases\n(a) the lease includes a statement, in the lease or a memorial to the\nlease, to the effect that the lease is a market value lease; or\n(b) the territory planning authority has lodged a notice that the lease\nis a market value lease with the registrar-general for registration\n1 a condition of the lease or a notation or stamp on the lease that it is a market\nvalue lease\n2 a statement that the lease is not concessional\n(2) A person may rely on the statement and deal with the lease as a market\nvalue lease.\n(3) The territory planning authority must not make a decision that would\nchange the lease’s status as a market value lease.\n(4) This section is subject to an order of a court or tribunal.\n","sortOrder":315},{"sectionNumber":"305","sectionType":"section","heading":"Concessional status guidelines","content":"305 Concessional status guidelines\n(1) The territory planning authority may make guidelines setting out\ninformation to assist people to decide whether a lease is a\nconcessional lease, market value lease or possibly concessional.\n(2) A person who is deciding whether a lease is a concessional lease,\nmarket value lease or possibly concessional may take into account the\nconcessional lease guidelines but is not bound by the guidelines.\n(3) A concessional lease guideline is a notifiable instrument.\n\nRestrictions on dealings with concessional leases Division 10.5.2\nDivision 10.5.2 Restrictions on dealings with\nconcessional leases\n","sortOrder":316},{"sectionNumber":"306","sectionType":"section","heading":"Restrictions on dealings with concessional leases","content":"306 Restrictions on dealings with concessional leases\n(1) The lessee, or anyone else with an interest in a concessional lease,\nmust not, during the term of the lease, deal with the lease without the\nwritten approval of the territory planning authority.\n(2) A dealing in relation to a lease to which this section applies that is\nmade or entered into without the territory planning authority’s\napproval has no effect.\n(3) However, subsection (2) does not apply to a dealing—\n(a) registered under the Land Titles Act 1925; or\n(b) made under any of the following orders:\nLaw Act 1975 (Cwlth);\ndivision 3.2 (Adjustment of property interests) adjusting\nthe property interests of parties in a domestic relationship;\nor\n(c) that happens by operation of, or under, bankruptcy or\ninsolvency; or\n(d) in any circumstances prescribed by regulation.\n\nDivision 10.5.2 Restrictions on dealings with concessional leases\n","sortOrder":317},{"sectionNumber":"307","sectionType":"section","heading":"Approval of dealings with concessional leases","content":"307 Approval of dealings with concessional leases\n(1) The territory planning authority must not approve a dealing under\nsection 306 in relation to a lease unless—\n(a) satisfied that the person to whom it is proposed that the lease be\nassigned or transferred, the person to whom it is proposed that a\nsublease should be granted or the person to whom it is proposed\nthat possession of the land should be given—\n(i) is a person (an eligible person) who could be granted the\nconcessional lease; or\n(ii) for a dealing with a community lease—\n(A) is a community organisation; and\n(B) satisfies the criteria prescribed under section 295\n(Grant of community lease by tender); or\n(b) for a sublease—satisfied that the lessee, or an eligible person,\ncontinues to be the main user of the lease.\n(2) In deciding whether the lessee proposing to grant a sublease, or an\neligible person, continues to be the main user of the lease, the territory\nplanning authority must consider the following:\n(a) the proposed area of the sublease;\n(b) the extent to which the lessee or eligible person continues to\nprovide most of the goods, services or both to be provided from\nthe area leased;\n(c) the extent to which the use of the area proposed to be subleased\nwill be ancillary to the permitted uses of the area that is not\nproposed to be subleased;\n(d) the extent to which the use of the area proposed to be subleased\nwill be complementary to the use of the area that is not proposed\nto be subleased.\n\nVarying concessional leases to remove concessional status Division 10.5.3\n(3) The validity of a dealing made or entered into with the territory\nplanning authority’s approval is not affected—\nDivision 10.5.3 Varying concessional leases to\nremove concessional status\n","sortOrder":318},{"sectionNumber":"308","sectionType":"section","heading":"Removal of concessional status by variation of lease","content":"308 Removal of concessional status by variation of lease\n(1) The concessional status of a lease may only be removed by a variation\nof the lease.\n(2) Subsection (1) does not apply to a review of a decision about the\nconcessional status of a lease under section 301.\n","sortOrder":319},{"sectionNumber":"309","sectionType":"section","heading":"Development application to remove concessional status","content":"309 Development application to remove concessional status\nof lease\n(1) This section applies to a development application to vary a\nconcessional lease to remove its concessional status.\n(2) The territory planning authority must refer the development\napplication to the Minister for decision under section 185 (Deciding\ndevelopment applications).\n(3) In deciding the development application under section 185, the\nMinister must also consider the following:\n(a) any information or documents required to accompany the\napplication under section 166 (2) (d);\n(b) whether the Territory wishes to continue to monitor the use and\noperation of the concessional lease by requiring approval before\nthe lease is dealt with;\n\nDivision 10.5.3 Varying concessional leases to remove concessional status\n(c) whether approving the application would cause any\ndisadvantage to the public, taking into account potential uses of\nthe leased land—\n(i) mentioned in a statement under section 294 (Statement of\nfuture community land for stated districts); or\n(ii) that are consistent with the territory plan, whether or not\nthose uses are authorised by the lease;\n(d) whether the Territory should buy back, or otherwise acquire, the\n(e) whether the Territory wishes to encourage the continued use of\nthe leased land for an authorised use under the lease by retaining\nthe concessional status of the lease;\n(f) whether varying the lease to remove its concessional status\nwould be consistent with any statement under section 294 or\nnotice under section 295 (1) (c) (Grant of community lease by\ntender) that applies to the lease;\n(g) any representation about the application received by the territory\nplanning authority and not withdrawn;\n(h) the availability and leased purpose of any land to which\nconcessional leases or community uses apply in the surrounding\narea.\n(4) The development application must be for approval to vary the lease\nto remove its concessional status only.\n(5) The following provisions do not apply to the development\napplication:\n(a) section 170 (When authority must refer development\napplication);\n(b) section 186 (Considerations when deciding development\napplications);\n\nVarying concessional leases to remove concessional status Division 10.5.3\n(c) section 187 (Conditional approvals);\n(d) section 189 (Restrictions on development approval);\n(e) section 190 (Development approval contrary to entity advice);\n(f) section 191 (Referral of matter protected by the\nCommonwealth).\n(6) The Minister must not approve the development application without\nthe approval of the Executive.\n","sortOrder":320},{"sectionNumber":"310","sectionType":"section","heading":"Development approval to remove concessional status","content":"310 Development approval to remove concessional status\nsubject to condition\n(1) If the Minister approves a development application under section 185\nto vary a concessional lease to remove its concessional status, the\napproval is subject to the condition that the lessee pays the Territory\nor a territory entity the amount worked out under section 311.\nNote If the variation of the lease is not solely for the purpose of removing the\nlease’s concessional status, a person may also be required to pay a lease\nvariation charge under div 10.7.3.\n(2) The amount payable is taken to be paid to the Territory or a territory\nentity if the amount is waived by the Treasurer under the Financial\nManagement Act 1996, section 131, or part of the amount is waived\nand the rest of the amount is paid.\n","sortOrder":321},{"sectionNumber":"311","sectionType":"section","heading":"Working out amount payable to remove concessional","content":"311 Working out amount payable to remove concessional\nstatus\n(1) This section applies if a development application in relation to a lease\nis subject to a condition under section 310.\n(2) The amount payable is worked out as follows:\nAP, for a lease, means the amount (if any) paid for the lease at grant.\n\n\n\n\n − MV\nOV\nAP\nMV\n\nDivision 10.5.3 Varying concessional leases to remove concessional status\nMV, for a lease, means the market value of the lease if it were a\nmarket value lease.\nOV, for a lease, means the market value of the lease at grant if it had\nbeen a market value lease.\n(3) To remove any doubt, an amount paid as rent under a lease is not an\namount paid for the lease.\n","sortOrder":322},{"sectionNumber":"312","sectionType":"section","heading":"Uses under leases varied by surrender and regrant to","content":"312 Uses under leases varied by surrender and regrant to\nremove concessional status\n(1) This section applies to a lease varied only to remove the concessional\nstatus of the lease by surrender and regrant of the lease.\n(2) The regranted lease authorises each use of the land, and any building\nor other structure on the land, authorised under the lease before the\nlease was varied to remove its concessional status.\n(3) Subsection (2) applies despite anything to the contrary in the territory\n\nRent variations and relief from provisions of leases Part 10.6\nPart 10.6 Rent variations and relief from\nprovisions of leases\n","sortOrder":323},{"sectionNumber":"313","sectionType":"section","heading":"Application to land rent—pt 10.6","content":"313 Application to land rent—pt 10.6\nThis part does not apply to a variation of land rent in accordance with\nthe provisions of a land rent lease.\n","sortOrder":324},{"sectionNumber":"314","sectionType":"section","heading":"Variations of rent","content":"314 Variations of rent\n(1) If the rent payable under a lease is varied in accordance with the\nprovisions of the lease, the territory planning authority must give the\nlessee written notice of the variation.\n(2) A variation of rent mentioned in the notice comes into operation on—\n(a) the day 20 working days after the day the notice is given; or\n(b) if the lease under which the variation is made provides that the\nvariation comes into operation on a later day—the later day.\n","sortOrder":325},{"sectionNumber":"315","sectionType":"section","heading":"Review of variations of rent","content":"315 Review of variations of rent\n(a) the rent payable under a lease is varied in accordance with the\nprovisions of the lease; and\n(b) the lease does not provide for the submission to arbitration of\ndifferences between the parties to the lease about variation of\nthe rent.\n(2) The lessee may, not later than 20 working days after receiving the\nnotice under section 314 (1) about the variation, ask the territory\nplanning authority in writing to review the variation.\n(3) The making of the request does not affect the operation of the\nvariation to which the request relates or prevent the taking of action\nto implement the variation.\n\nPart 10.6 Rent variations and relief from provisions of leases\n(4) If the request is made in relation to a variation, the territory planning\nauthority must review the variation and may—\n(a) confirm the variation; or\n(b) set the variation aside and substitute any other variation the\nauthority considers appropriate.\n","sortOrder":326},{"sectionNumber":"316","sectionType":"section","heading":"Reduction of rent and relief from provisions of lease","content":"316 Reduction of rent and relief from provisions of lease\n(1) The territory planning authority may approve—\n(a) a reduction of the rent payable under a lease, or of an amount\npayable, in relation to any occupation of land; or\n(b) the grant of relief, to a lessee or occupier of land, from\ncompliance, completely or partly, with any provision to which\nthe person’s lease or occupation is subject.\n(2) The reduction or grant of relief may be for a maximum period of\n3 years, and may include a period before the approval.\n(3) If the territory planning authority gives an approval under\nsubsection (1), the liability or obligation of the lessee or occupier\nunder the lease, or in relation to the person’s occupation, is discharged\nfor the period approved, to the extent of the reduction or grant of relief\napproved.\n(4) An approval under subsection (1) may be conditional.\n(5) If the territory planning authority approves a grant of relief to a lessee\nor occupier under subsection (1), the authority must give the lessee or\noccupier written notice of the reduction of rent or amount payable or\nother grant of relief approved.\n\nLease variations—general Division 10.7.1\nDivision 10.7.1 Lease variations—general\n317 Effect subject to pt 10.8\nThis part has effect subject to part 10.8 (Rural leases).\n318 Variation of rental leases\n(1) The territory planning authority must not execute a variation of a\nrental lease unless any rent, including additional rent, payable under\nthe lease up to the day the variation is executed has been paid.\n(2) If the territory planning authority executes a variation of a rental\n(a) the authority must reassess the rent payable under the lease,\nfollowing (as far as possible) the method provided by the rental\nprovisions of the lease; and\n(b) the rent payable under the lease must be adjusted in accordance\nwith the reassessment with effect from the day the variation is\nexecuted.\n(3) Subsection (2) does not apply to a variation of—\n(a) a rental lease—\n(i) to reduce the rent payable to a nominal rent; or\n(ii) otherwise affecting the rental provisions of the lease; or\n(b) a land rent lease.\n\n","sortOrder":327},{"sectionNumber":"319","sectionType":"section","heading":"Advice of rent payable on variation of lease","content":"319 Advice of rent payable on variation of lease\n(a) the territory planning authority approves a variation of a lease;\nand\n(b) the lease is a lease (other than a land rent lease) under which rent\nor additional rent is payable.\n(a) work out the amount that would be payable under the lease for\nrent, including additional rent, up to the day when the authority\nexpects the variation will be executed; and\n(b) give the lessee written notice of—\n(i) the amount worked out for rent, including additional rent,\nunder paragraph (a); and\n(ii) the day up to which the amount payable for rent and\nadditional rent has been worked out; and\n(iii) the day by which the authority requires payment of the\namount stated under subparagraph (i) to allow the variation\nof the lease to be executed on the day stated under\nsubparagraph (ii).\n","sortOrder":328},{"sectionNumber":"320","sectionType":"section","heading":"Application for rent payout lease variation","content":"320 Application for rent payout lease variation\n(1) This section applies to the following leases:\n(a) a land rent lease;\n(b) a lease that is included in a class of leases prescribed by\n(2) The lessee may apply to the territory planning authority for a variation\nof the lease to reduce the rent payable to a nominal rent.\n\nVariation of rental leases Division 10.7.2\n","sortOrder":329},{"sectionNumber":"321","sectionType":"section","heading":"Decision on rent payout lease variation application","content":"321 Decision on rent payout lease variation application\n(1) Within the period prescribed by regulation after the day the territory\nplanning authority receives an application by a lessee under\nsection 320 (2), the authority must—\n(a) decide to vary the lease to reduce the rent payable to a nominal\nrent; or\n(b) if subsection (2) stops the authority from varying the lease—\nrefuse to vary the lease.\n(2) The territory planning authority must not vary the lease to reduce the\nrent payable to a nominal rent unless—\n(a) all amounts payable to the Territory up to the day of variation of\nthe lease for tax levied in relation to the land described in the\nlease have been paid; and\n(b) for a land rent lease, all rent and other amounts payable to the\ncommissioner for revenue under the Land Rent Act 2008 up to\nthe day the variation is executed in relation to the land have been\npaid; and\n(c) the provisions of the lease requiring the lessee to develop the\nland have been complied with up to the day the variation is\nexecuted; and\n(d) the lessee has paid the Territory an amount decided by the\nauthority under any policy direction made under section 322.\n(3) The territory planning authority must give written notice of the\ndecision on the application to the applicant.\n(4) If the amount mentioned in subsection (2) (d) has not been paid within\n12 months from the day the notice under subsection (3) is given, the\nterritory planning authority’s decision to vary the lease is revoked.\n\ntax means a tax under the following tax laws:\n(a) division 10.7.3 (Variation of nominal rent leases);\n(b) the Duties Act 1999;\n(c) the Land Tax Act 2004;\n(d) the Rates Act 2004.\n","sortOrder":330},{"sectionNumber":"322","sectionType":"section","heading":"Policy directions for paying out rent","content":"322 Policy directions for paying out rent\n(1) The Minister may make policy directions for section 321 (2) (d).\n(2) A policy direction is a disallowable instrument.\n","sortOrder":331},{"sectionNumber":"323","sectionType":"section","heading":"Power to decide rent payout applications deemed refused","content":"323 Power to decide rent payout applications deemed refused\n(a) an application has been made under section 320; and\n(b) the time for deciding the application has ended; and\n(c) the territory planning authority has not decided the application\nunder section 321.\n(2) The territory planning authority is taken to have refused the\n(3) However, the territory planning authority may decide to vary the lease\nto reduce the rent payable to a nominal rent under section 321 despite\nsubsection (2).\ndecision of the original decision-maker, the territory planning authority\nwill not be able to make a decision under s (3) if the ACAT has decided\nan application for review of the deemed decision under s (2) (see ACT\nCivil and Administrative Tribunal Act 2008, s 69).\n\nVariation of rental leases Division 10.7.2\n","sortOrder":332},{"sectionNumber":"324","sectionType":"section","heading":"Lease to be varied to pay out rent","content":"324 Lease to be varied to pay out rent\n(1) This section applies if the territory planning authority decides to vary\na lease under section 321 to reduce the rent payable to a nominal rent.\n(2) The territory planning authority must vary the lease in accordance\nwith the decision.\n(3) The lease as varied must provide that the lessee is to pay a nominal\nrent if and when that rent is demanded.\n","sortOrder":333},{"sectionNumber":"325","sectionType":"section","heading":"No variations to extend term","content":"325 No variations to extend term\nThe territory planning authority must not execute a variation of a\nlease to extend the term of the lease.\n","sortOrder":334},{"sectionNumber":"326","sectionType":"section","heading":"No variation of certain leases for 5 years","content":"326 No variation of certain leases for 5 years\n(1) This section applies to the following leases:\n(a) a lease granted in accordance with section 267 (Direct sale if\nsingle person in restricted class);\n(b) a lease to which section 280 (Restriction on transfer, assignment\nand parting with possession) applies.\n(2) However, this section does not apply to a lease exempted by\n(3) The territory planning authority must not approve a variation of the\nlease earlier than 5 years after the day the lease is granted.\n(4) However, the territory planning authority may approve a variation of\nthe lease if it does not limit, add or remove an authorised use of the\nland described in the lease.\nauthorised use, of land—\n(a) means a use authorised (whether expressly or by implication) by\na lease; and\n\n6 months before the use if the lease is renewed within 6 months\nafter the expiry.\nNote This division is a tax law under the Taxation Administration Act 1999.\nAs a tax law, this division is subject to provisions of that Act about the\nadministration and enforcement of tax laws generally.\n","sortOrder":335},{"sectionNumber":"Subdiv 10","sectionType":"subdivision","heading":"7.3.1 Preliminary","content":"Subdivision 10.7.3.1 Preliminary\n","sortOrder":336},{"sectionNumber":"327","sectionType":"section","heading":"Definitions—div 10.7.3","content":"327 Definitions—div 10.7.3\nchargeable variation, of a nominal rent lease, means a variation of\nthe lease other than—\n(a) a variation, if—\n(i) the only effect of the variation is to alter a common\nboundary between 2 or more adjoining leases; and\n(ii) the authorised use of the land described in each adjoining\nlease (however described) is the same; and\n(iii) none of the adjoining leases is a rural lease; or\n(b) a variation if the only effect of the variation is to remove the\nlease’s concessional status; or\n(c) a variation prescribed by regulation.\ngross floor area—see the territory plan.\n\nnon-standard chargeable variation, of a nominal rent lease, means—\n(a) a chargeable variation that is not a standard chargeable\nvariation; or\n(b) a standard chargeable variation if no lease variation charge is\ndetermined for the variation under section 331.\noriginal decision—see section 334 (1) (b).\nreconsideration application—see section 335 (5).\nstandard chargeable variation, of a nominal rent lease, means a\nchargeable variation prescribed by regulation.\nworking out statement—see section 334 (2).\nSubdivision 10.7.3.2 Chargeable variations of nominal rent\n","sortOrder":337},{"sectionNumber":"328","sectionType":"section","heading":"Lease variation charge payable for chargeable variation","content":"328 Lease variation charge payable for chargeable variation\n(1) The territory planning authority must not execute a chargeable\nvariation of a nominal rent lease unless—\n(a) the total lease variation charge for the variation has been paid to\nthe Territory; or\n(b) a deferral arrangement in relation to the total lease variation\ncharge has been entered into.\nNote If the territory planning authority has executed a variation of a nominal\nrent lease, the authority must lodge a copy of the variation with the\nregistrar-general for registration. A lease variation takes effect on\nregistration (see Land Titles Act 1925, s 72A).\n(2) A lease variation charge is taken to be paid to the Territory if—\n(a) the amount of the charge is waived by the Treasurer under the\nFinancial Management Act 1996, section 131 (Waiver of debts\netc); or\n\n(b) part of the amount is waived and the rest of the amount is paid.\n(3) Payment of the lease variation charge, or entering into a deferral\narrangement in relation to the lease variation charge, does not affect\nany right a person may have to apply for reconsideration under\nsection 335.\ntotal lease variation charge, in relation to a chargeable variation of a\nnominal rent lease, means the following:\n(a) the standard or non-standard lease variation charge applying to\nthe variation;\n(b) less any reduction under section 338;\n(c) plus any increase under section 339.\n","sortOrder":338},{"sectionNumber":"329","sectionType":"section","heading":"Notice of assessment","content":"329 Notice of assessment\n(1) On approval of a development application for a chargeable variation\nof a nominal rent lease, the commissioner for revenue must give—\n(a) a notice of assessment of the lease variation charge to the lessee;\nand\n(b) if the development application is made by someone other than\nthe lessee—a copy of the notice to the applicant.\n(2) A lease variation charge is taken to be worked out—\n(a) on the day the development application for the chargeable\nvariation is approved; or\n(b) if another day is prescribed by regulation—on that day.\n(3) A notice of assessment lapses on the earliest of the following—\n(a) the day the lease variation charge is paid;\n(b) the day the development approval of the chargeable variation\nlapses.\n\n(4) For the Taxation Administration Act 1999, an assessment of a lease\nvariation charge is a tax liability that only becomes payable if the\nterritory planning authority executes the variation of the lease.\nNote The territory planning authority must not execute a variation of the lease\nunless the lessee has paid the assessed lease variation charge or the\namount has been deferred (see s 328 (1)).\n","sortOrder":339},{"sectionNumber":"330","sectionType":"section","heading":"More than 1 chargeable variation","content":"330 More than 1 chargeable variation\nIf a development approval relates to more than 1 chargeable variation\nof a nominal rent lease, the lease variation charge is worked out as\nfollows:\n(a) if all the chargeable variations are standard chargeable\nvariations for which a charge is determined under section 331—\nin accordance with section 331;\n(b) if all the chargeable variations are non-standard chargeable\nvariations—in accordance with section 332;\n(c) if the chargeable variations are made up of standard and\nnon-standard chargeable variations—as prescribed by\n","sortOrder":340},{"sectionNumber":"331","sectionType":"section","heading":"Standard chargeable variations","content":"331 Standard chargeable variations\n(1) The lease variation charge for a standard chargeable variation of a\nnominal rent lease is the amount determined under this section.\n(2) The Treasurer may, after consulting with the Minister, determine a\nlease variation charge for a standard chargeable variation of a nominal\nrent lease.\n(3) In considering whether to determine a lease variation charge under\nthis section, the Treasurer must—\n(a) obtain advice from an accredited valuer at least once every\n3 years; and\n(b) take into account the advice; and\n\n(c) comply with any other requirement prescribed by regulation.\n(4) A determination must—\n(a) as far as is practicable, represent the average market value in\nrelation to the standard chargeable variation; and\n(b) if a standard chargeable variation increases the number of\ndwellings permitted on the land under the lease—state an\namount for each additional dwelling permitted on the land under\nthe lease; and\n(c) if a standard chargeable variation increases, or has the effect of\nincreasing, the maximum gross floor area of any building or\nother structure permitted for non-residential use on the land\nunder the lease—state an amount for each additional square\nmetre of gross floor area permitted on the land under the lease.\n(5) The determination must state—\n(a) the reasons for determining the lease variation charge; and\n(b) how the charge was determined.\n(6) A determination under subsection (2) is a disallowable instrument.\n","sortOrder":341},{"sectionNumber":"332","sectionType":"section","heading":"Non-standard chargeable variations","content":"332 Non-standard chargeable variations\n(1) The lease variation charge for a non-standard chargeable variation of\na nominal rent lease is the amount worked out under this section.\n(2) The commissioner for revenue works out the lease variation charge\nfor a non-standard chargeable variation of a nominal rent lease as\nfollows:\nLVC = (V1 − V2) × 75%\nLVC means the lease variation charge payable for the non-standard\nchargeable variation of the lease.\n\nV1—\n(a) for a chargeable variation other than a consolidation or\nsubdivision—means the capital sum that the lease might be\n(i) the lease were varied as proposed; and\n(ii) the lease were genuinely offered for sale immediately after\nthe variation on the reasonable terms and conditions that a\ngenuine seller would require; and\n(iii) either—\n(A) the rent payable throughout the term of the lease were\na nominal rent; or\n(B) for a variation that involves the surrender of a lease\nand issue of a new lease—the rent payable for the\nterm of the new lease were a nominal rent; or\n(b) for a chargeable variation that is a consolidation or\nsubdivision—means the capital sum that the new lease or leases\nto be granted under the consolidation or subdivision might be\n(i) the consolidation or subdivision were to take place as\nproposed; and\n(ii) the new lease or leases were genuinely offered for sale\nimmediately after the variation on the reasonable terms and\nconditions that a genuine seller would require; and\n(iii) the rent payable throughout the term of the new lease or\nleases were a nominal rent.\n\nV2—\n(a) for a chargeable variation other than a consolidation or\nsubdivision—means the capital sum that the lease might be\n(i) the lease were not varied during the remainder of its term;\nand\n(ii) the lease were genuinely offered for sale immediately\nbefore the variation on the reasonable terms and conditions\nthat a genuine seller would require; and\n(iii) the rent payable throughout the term of the lease, or lease\nto be surrendered, were a nominal rent; or\n(b) for a chargeable variation that is a consolidation or\nsubdivision—means the capital sum that the lease or leases to\nbe surrendered under the consolidation or subdivision might be\n(i) no consolidation or subdivision were to take place during\nthe remainder of the term of the surrendered lease or leases;\nand\n(ii) the lease or leases were genuinely offered for sale\nimmediately before the consolidation or subdivision on the\nreasonable terms and conditions that a genuine seller\nwould require; and\n(iii) the rent payable throughout the term of the lease, or leases\nto be surrendered, were a nominal rent.\n(3) If the amount worked out as V1 is equal to or less than the amount\nworked out as V2, no lease variation charge is payable.\n(4) If the development approval for the relevant development application\nrelates to 2 or more non-standard chargeable variations, V1 and LVC\nare worked out as if the non-standard chargeable variations were a\nsingle non-standard chargeable variation of the lease.\n\n","sortOrder":342},{"sectionNumber":"333","sectionType":"section","heading":"Non-standard chargeable variations—improvements","content":"333 Non-standard chargeable variations—improvements\n(1) In working out V1 and V2 under section 332, an improvement in\nrelation to the land described in the lease must not be taken into\naccount.\n(2) However, an existing improvement by way of clearing, filling,\ngrading, draining, levelling or excavating the land may be taken into\naccount.\nimprovement, in relation to land, means an existing or proposed\nimprovement and includes any of the following:\n(a) a building or other structure on or under the land;\n(b) an alteration or demolition of an existing building or other\nstructure on or under the land;\n(c) the remediation of the land;\n(d) earthworks, planting or other work that affects the landscape of\n(e) anything mentioned in paragraphs (a) to (d) that is required—\n(i) as a condition of a development approval; or\n(ii) by a statutory approval obtained or required for a\ndevelopment proposal; or\n(iii) under an agreement between the Territory or a territory\nentity and—\n(A) the lessee; or\n(B) if the lessee is not the applicant for the development\napproval—the applicant;\n\n(f) anything mentioned in paragraphs (a) to (d) proposed in a\ndevelopment application in relation to a chargeable variation of\na nominal rent lease to be undertaken on land outside of the land\nunder the lease.\nremediation—see the Environment Protection Act 1997, dictionary.\n","sortOrder":343},{"sectionNumber":"334","sectionType":"section","heading":"Non-standard chargeable variations—working out","content":"334 Non-standard chargeable variations—working out\nstatement\n(a) a development application in relation to a non-standard\nchargeable variation of a nominal rent lease is approved; and\n(b) the lease variation charge in relation to the variation has been\nworked out in accordance with section 332 (the original\ndecision); and\n(c) the commissioner for revenue gives a notice of assessment of a\nlease variation charge under section 329 (1); and\n(d) an application has not previously been made under section 335\nfor reconsideration of the original decision.\n(2) The applicant for the development application may ask the\ncommissioner for revenue for a statement (a working out statement)\nexplaining the commissioner’s working out of the original decision.\n(3) The commissioner for revenue must give the applicant a working out\nstatement within 20 working days after the day the applicant asks for\nthe statement unless—\n(a) the notice of assessment contains the matters that the working\nout statement would contain; or\n(b) a document that contains the matters that a working out\nstatement would contain has already been given to the applicant.\n\n","sortOrder":344},{"sectionNumber":"335","sectionType":"section","heading":"Non-standard chargeable variations—application for","content":"335 Non-standard chargeable variations—application for\nreconsideration\n(1) The applicant for a development application in relation to a\nnon-standard chargeable variation of a nominal rent lease may apply\nfor reconsideration of an original decision on the earliest of the\n(a) the day the applicant receives the working out statement;\n(b) the end of the 20-working day period mentioned in\nsection 334 (3).\n(2) If a development approval of a development application relates to\nmore than 1 chargeable variation of a nominal rent lease, this section\nonly applies to the part of the lease variation charge that is worked\nout for a non-standard chargeable variation.\nNote The total lease variation charge for a development application that relates\nto more than 1 chargeable variation is worked out in accordance with\ns 330.\n(3) This section does not apply to a reassessment of a lease variation\ncharge under section 340.\n(4) If the applicant for the development application is not the lessee, the\nlessee may apply for reconsideration under this section instead of the\napplicant.\n(5) An application for reconsideration of the original decision\n(the reconsideration application) must be made not later than—\n(a) the latest of—\n(i) 80 working days after the day the notice of assessment\nunder section 329 (1) is given; and\n(ii) if a later day is prescribed by regulation—that day; or\n(b) any longer period allowed by the commissioner for revenue.\n\n","sortOrder":345},{"sectionNumber":"336","sectionType":"section","heading":"Non-standard chargeable variations—requirements for","content":"336 Non-standard chargeable variations—requirements for\nreconsideration application\n(1) A reconsideration application must be in writing and signed by—\n(a) the lessee; and\n(b) if the application is made by the applicant for the development\napplication who is not the lessee—the applicant.\n(2) Also, the reconsideration application must—\n(a) set out the grounds on which the reconsideration is sought; and\n(b) include an independent valuation that works out the amounts\nrepresented by V1 and V2 in section 332; and\n(c) if the applicant is given a working out statement in accordance\nwith section 334—include the statement.\n(3) If subsection (2) (c) applies, the applicant for the reconsideration must\ngive the valuer for the independent valuation the commissioner for\nrevenue’s working out statement.\n(4) The independent valuation must be prepared by an accredited valuer\nwho—\n(a) was not involved in working out or advising on the original\ndecision; and\n(b) is—\n(i) agreed to by the applicant for the reconsideration and the\ncommissioner for revenue; or\n(ii) if the applicant and the commissioner cannot agree—\nappointed in writing by a person prescribed by regulation;\nand\n(c) satisfies any requirement prescribed by regulation.\n(5) The applicant for the reconsideration is responsible for the cost of the\nindependent valuation.\n\n","sortOrder":346},{"sectionNumber":"337","sectionType":"section","heading":"Non-standard chargeable variations—reconsideration","content":"337 Non-standard chargeable variations—reconsideration\n(1) Within 20 working days after receiving a reconsideration application,\nthe commissioner for revenue must—\n(a) reconsider the original decision; and\n(i) make a decision in substitution for the original decision\nthat the commissioner could have made; or\n(ii) confirm the original decision.\n(2) The 20-working day period mentioned in subsection (1) may be\nextended for a stated period by agreement between the commissioner\nfor revenue and the applicant for the reconsideration.\n(3) In reconsidering the original decision, the commissioner for\nrevenue—\n(a) must consider the independent valuation required under\nsection 336 (2) (b) and any other information given in the\nreconsideration application; and\n(b) may consider any other relevant information.\n(4) The commissioner for revenue must ensure that, if the original\ndecision is made by the commissioner or a person on the\ncommissioner’s behalf (the original decision-maker), someone other\nthan the original decision-maker reconsiders the decision.\n(5) If the commissioner for revenue does not make a substitute decision,\nor confirm the original decision, by the end of the 20-working day\nperiod mentioned in subsection (1), or the period as extended by\nagreement under subsection (2), the commissioner is taken to have\nconfirmed the original decision.\n(6) The commissioner for revenue must give written notice of the\ndecision on the reconsideration to—\n(a) the lessee; and\n\n(b) if the application is made by the applicant for the development\napplication who is not the lessee—the applicant.\n","sortOrder":347},{"sectionNumber":"338","sectionType":"section","heading":"Reduction of lease variation charges","content":"338 Reduction of lease variation charges\n(1) The Minister may determine circumstances in which the amount of\nlease variation charge applying under this part to a chargeable\nvariation of a nominal rent lease must be reduced.\n(2) For each circumstance determined under subsection (1), the Treasurer\nmust determine the amount by which the lease variation charge must\nbe reduced.\n(3) The amount must be expressed as a percentage of the lease variation\ncharge.\n(4) A determination is a disallowable instrument.\n","sortOrder":348},{"sectionNumber":"339","sectionType":"section","heading":"Increase of lease variation charge","content":"339 Increase of lease variation charge\n(1) The amount of lease variation charge applying under this part to a\nchargeable variation of a nominal rent lease must be increased in the\ncircumstances, and for the amount, prescribed by regulation.\n(2) Subject to any disallowance or amendment under the Legislation Act,\nchapter 7, the regulation commences—\n(a) if there is a motion to disallow the regulation and the motion is\nnegatived by the Legislative Assembly—the day after the day\nthe disallowance motion is negatived; or\n(b) the day after the 6th sitting day after the day it is presented to\nthe Legislative Assembly under that chapter; or\n(c) if the regulation provides for a later date or time of\ncommencement—on that date or at that time.\n\n","sortOrder":349},{"sectionNumber":"340","sectionType":"section","heading":"Lease variation charge—reassessment","content":"340 Lease variation charge—reassessment\n(a) a development application for approval of a chargeable variation\nof a nominal rent lease is approved; and\n(b) the commissioner for revenue gives a notice of assessment of a\nlease variation charge under section 329 (1); and\n(c) the territory planning authority executes a variation of the lease\nto which the lease variation charge relates.\n(2) The commissioner for revenue may reassess the lease variation\ncharge under the Taxation Administration Act 1999, section 9\n(Reassessment).\n(3) The commissioner for revenue must give—\n(a) a notice of assessment of the lease variation charge to the lessee;\nand\n(b) if the development application in relation to the chargeable\nvariation is made by someone other than the lessee—a copy of\nthe notice to the applicant.\nNote The assessment notice must show the amount of the reassessment and the\namount by which the assessment has been increased or decreased (see\nTaxation Administration Act 1999, s 14 (3)).\n(4) For this division, the Taxation Administration Act 1999, part 10\n(Objections and reviews) applies only to a reassessment of a lease\nvariation charge under this section.\n","sortOrder":350},{"sectionNumber":"341","sectionType":"section","heading":"Taxation Administration Act—disclosure of information","content":"341 Taxation Administration Act—disclosure of information\nFor the Taxation Administration Act 1999, division 9.4 (Secrecy), a\ntax officer under that Act may disclose information obtained under or\nin relation to the administration of this division to the territory\nplanning authority or a person authorised by the authority to receive\nthe information.\n\nSubdivision 10.7.3.3 Deferring lease variation charges\n","sortOrder":351},{"sectionNumber":"342","sectionType":"section","heading":"Application to defer payment of lease variation charges","content":"342 Application to defer payment of lease variation charges\n(1) An applicant for a development application for a chargeable variation\nof a nominal rent lease may apply to the commissioner for revenue to\ndefer the time for payment of the lease variation charge payable under\nsection 328 in relation to the charge.\nNote Unless payment of the lease variation charge is deferred, it must be paid\nbefore the territory planning authority executes the chargeable variation\n(see s 328).\n(2) The applicant must give the commissioner for revenue any\ninformation the commissioner considers necessary to decide the\n(3) If the applicant for the development application is not the lessee, the\nlessee—\n(a) may apply for the deferral instead of the applicant; or\n(b) must sign the deferral application.\n","sortOrder":352},{"sectionNumber":"343","sectionType":"section","heading":"Approval to defer payment of lease variation charges","content":"343 Approval to defer payment of lease variation charges\n(1) The commissioner for revenue must approve an application to defer\npayment of a lease variation charge under section 342 if—\n(a) the total lease variation charge to be deferred is at least the\namount determined by the Treasurer; and\n(b) the applicant satisfies any other criteria determined by the\nTreasurer; and\n\n(c) the applicant enters into an arrangement under the Taxation\nAdministration Act 1999, section 52 (Arrangements for payment\nof tax) about payment of the amount of the deferred lease\nvariation charge (a deferral arrangement).\nNote 1 An amount payable under a deferral arrangement is a debt owing to the\nTerritory and is a charge on the land (see Taxation Administration\nAct 1999, s 56H).\nNote 2 A decision in relation to an application, the conditions of a deferral\narrangement under s 344 or the variation of a deferral arrangement under\ns 345 are reviewable decisions (see Taxation Administration Act 1999,\nsch 1).\n(2) A determination under subsection (1) (b) is a disallowable instrument.\n(3) If the applicant for deferral is not the lessee, the lessee—\n(a) may enter into the deferral arrangement instead of the applicant;\nor\n(b) must sign the deferral arrangement.\ntotal lease variation charge—see section 328 (4).\n","sortOrder":353},{"sectionNumber":"344","sectionType":"section","heading":"Conditions of deferral arrangement","content":"344 Conditions of deferral arrangement\n(1) A deferral arrangement under section 343 must—\n(a) state the amount of lease variation charge that is being deferred;\nand\n(b) state that the deferred amount, and any accrued interest, must be\npaid to the commissioner for revenue not later than the earliest\nof the following—\n(i) if stated in the deferral arrangement—the date a certificate\nof occupancy is issued for part of the building work for the\ndevelopment to which the chargeable variation relates;\n\n(ii) the date a certificate of occupancy is issued for all of the\nbuilding work for the development to which the chargeable\nvariation relates;\n(iii) 4 years from the day the chargeable variation is executed;\nand\n(c) include any other condition determined under subsection (2).\n(2) The Treasurer may determine other conditions to which a deferral\narrangement is subject, including the rate of interest charged on the\namount payable under the arrangement.\nNote There may be additional interest and penalty tax payable under the\nTaxation Administration Act 1999.\n(3) A determination is a disallowable instrument.\n(4) This section does not limit the Taxation Administration Act 1999,\nsection 52, but any arrangement under that section about payment of\na deferred lease variation charge under this subdivision must not be\ninconsistent with the conditions under subsection (1).\n","sortOrder":354},{"sectionNumber":"345","sectionType":"section","heading":"Lease variation charge changed after reconsideration etc","content":"345 Lease variation charge changed after reconsideration etc\n(a) a person enters into a deferral arrangement in relation to a lease\nvariation charge for the chargeable variation; and\n(b) after the arrangement is entered into, the amount of lease\nvariation charge payable for the chargeable variation\n(the new amount) is different to the amount of lease variation\ncharge payable at the time the arrangement was entered into\n(the deferred amount) because of a reconsideration,\nreassessment or review under this Act or the Taxation\nAdministration Act 1999.\n(2) The deferral arrangement applies to the new amount.\n\n(3) If the new amount is more than the deferred amount, the\ncommissioner for revenue may, on application by the other party to\nthe deferral arrangement, vary the conditions of the deferral\narrangement.\n(4) If the applicant for reconsideration is not the lessee—\n(a) the lessee—\n(i) may apply for the variation instead of the applicant; or\n(ii) must sign the application; and\n(b) if the application is approved, the lessee must sign the variation.\n","sortOrder":355},{"sectionNumber":"346","sectionType":"section","heading":"Certificate of lease variation charge and other amounts","content":"346 Certificate of lease variation charge and other amounts\n(1) This section applies if there is a charge on land under the Taxation\nAdministration Act 1999, section 56H in relation to a lease variation\ncharge.\n(2) A relevant person in relation to the land to which the lease variation\ncharge applies may apply to the commissioner for revenue for a\ncertificate that sets out the amount of—\n(a) lease variation charge that remains unpaid at the date of the\ncertificate; and\n(b) any interest and penalty tax payable under this division, a\ndeferral arrangement or the Taxation Administration Act 1999.\n(3) The commissioner must give the applicant the certificate.\n(4) The certificate is conclusive proof for an honest buyer for value of the\nmatters certified.\n(5) For this section, the lease variation charge and other amounts payable\nare taken to be payable immediately even though any necessary time\nafter a date or event, or the service of a notice, has not ended.\n\nrelevant person, in relation to land to which a lease variation charge\napplies, means—\n(a) the lessee, buyer or mortgagee of the land; or\n(b) an applicant for a development application in relation to the\nland, if the applicant is not the lessee.\n\nFurther rural leases Division 10.8.1\nDivision 10.8.1 Further rural leases\n","sortOrder":356},{"sectionNumber":"347","sectionType":"section","heading":"Amount payable for further leases—rural land","content":"347 Amount payable for further leases—rural land\n(1) The Minister may make a determination for section 289 (1) (e) (i) or\n(ii) (Grant of further leases).\n(2) A determination for section 289 (1) (e) (ii) may provide that the\namount payable for the grant of the lease is payable in stated\ninstalments.\n(3) If the Minister has not made a determination under subsection (1), the\namount that is taken to have been determined for a rural lease is the\nmarket value of the lease, payable as a lump sum.\n(4) A determination is a disallowable instrument.\n","sortOrder":357},{"sectionNumber":"348","sectionType":"section","heading":"Term of further leases—rural land","content":"348 Term of further leases—rural land\n(1) The Minister may make a determination for section 289 (3) (b).\n(2) However, if the national capital authority has set a maximum term for\na rural lease of land in a designated area, the Minister must not\ndetermine a period under subsection (1) for a further rural lease of the\nland in a designated area that is longer than the maximum term set by\nthe authority.\n(3) A determination is a disallowable instrument.\n\n","sortOrder":358},{"sectionNumber":"349","sectionType":"section","heading":"Definitions—div 10.8.2","content":"349 Definitions—div 10.8.2\ndischarge amount, for a rural lease, means the discharge amount\nworked out as prescribed by regulation.\nholding period, for a rural lease, is a period ending—\n(a) if the discharge amount is paid—when the discharge amount is\npaid; or\n(b) in relation to a lease for a term of 21 years or longer—10 years\nafter the lease commences; or\n(c) in relation to a lease for a term shorter than 21 years—at the end\nof 1/3 of the term of the lease.\n","sortOrder":359},{"sectionNumber":"350","sectionType":"section","heading":"Land management agreements","content":"350 Land management agreements\n(1) This section applies to the following:\n(a) the grant of a rural lease;\n(b) the grant of a further rural lease;\n(c) the variation of a rural lease;\n(d) the approval of an assignment or transfer of a rural lease.\n(2) The territory planning authority may do the things mentioned in\nsubsection (1) only if—\n(a) the person to whom the lease is to be granted, assigned or\ntransferred, or the person whose lease is to be varied, has entered\ninto an agreement with the Territory about managing the rural\nland described in the lease (a land management agreement);\nand\n\nExceptions for rural leases Division 10.8.2\n(b) the agreement is signed by the conservator of flora and fauna\nand the person mentioned in paragraph (a).\n(3) A land management agreement may contain a provision allowing the\nagreement to be varied other than by agreement between the parties.\n(4) The conservator of flora and fauna may make guidelines setting out\nthe requirements for land management agreements.\n(5) In preparing a guideline, the conservator of flora and fauna must\nconsult the territory planning authority.\n(6) A guideline is a notifiable instrument.\n","sortOrder":360},{"sectionNumber":"351","sectionType":"section","heading":"Dealings with rural leases","content":"351 Dealings with rural leases\n(a) a rural lease granted under section 263 (Granting leases); and\n(b) a grant of a further rural lease.\n(2) A lessee, or anyone else with an interest in the rural lease, must not\ndeal with the lease without the written approval of the territory\nplanning authority.\n(3) A dealing in relation to a rural lease made or entered into without the\nterritory planning authority’s approval has no effect.\n(4) The territory planning authority must approve a dealing in relation to\na rural lease if—\n(i) the lessee’s domestic partner or child is the person to\nwhom—\n(A) the lease is being assigned or transferred; or\n(B) the land described in the lease, or part of it, is sublet;\nor\n\n(C) possession of the land described in the lease, or part\nof it, is being given; or\n(ii) the holding period for the lease has ended; and\n(b) for an assignment or transfer of the rural lease—the person to\nwhom the lease is to be transferred or assigned has entered into\na land management agreement in accordance with section 350.\n(5) The validity of a dealing made or entered into with the consent of the\nterritory planning authority is not affected—\n(a) by a defect or irregularity in relation to the giving of the consent;\nor\n(b) because a ground, or all grounds, for the consent had not arisen.\n(6) To remove any doubt, a person is not required to pay a discharge\namount more than once under this section in relation to a rural lease.\nchild, of a lessee, includes a child of the lessee’s domestic partner.\n","sortOrder":361},{"sectionNumber":"352","sectionType":"section","heading":"Exceptions to s 350 and s 351","content":"352 Exceptions to s 350 and s 351\nSection 350 and section 351 do not apply to the transfer or assignment\nof a lease, or an interest in the lease, if—\n(a) the lessee has died; or\n(b) the transfer or assignment is made under any of the following\norders:\nLaw Act 1975 (Cwlth);\ndivision 3.2 adjusting the property interests of the parties\nin a domestic relationship; or\n\nExceptions for rural leases Division 10.8.2\n(c) the transfer or assignment happens by operation of, or under,\nbankruptcy or insolvency.\n","sortOrder":362},{"sectionNumber":"353","sectionType":"section","heading":"Delayed requirement to enter into land management","content":"353 Delayed requirement to enter into land management\nagreement\n(1) This section applies if a lease, part of the lease or an interest in the\nlease, to which section 350 or section 351 applies has been transferred\nor assigned to someone (the interest holder) who has not entered into\na land management agreement for the rural land described in the\nlease, or part of the lease, or to which the interest relates.\n(2) The interest holder must enter into a land management agreement for\nthe land not later than 6 months (or any extended period) after the day\nthe lease, part of the lease or interest, is transferred or assigned to the\ninterest holder.\n(3) The territory planning authority may, in writing, extend the period\nunder subsection (2) for entering into a land management agreement.\n","sortOrder":363},{"sectionNumber":"354","sectionType":"section","heading":"Certain dealings in holding period","content":"354 Certain dealings in holding period\nThe territory planning authority—\n(a) must not approve the subdivision of a rural lease to which\nsection 351 applies during the holding period; and\n(b) may approve the consolidation of a lease to which section 351\napplies during the holding period.\n\n","sortOrder":364},{"sectionNumber":"355","sectionType":"section","heading":"Application—pt 10.9","content":"355 Application—pt 10.9\nThis part applies to an improvement—\n(a) undertaken in a way consistent with territory law, and with any\nlease over the land; or\n(b) if the improvement was undertaken or acquired by the Territory\nor Commonwealth—for which the Territory or Commonwealth\nhas been, or is entitled to be, paid.\n","sortOrder":365},{"sectionNumber":"356","sectionType":"section","heading":"Definitions—pt 10.9","content":"356 Definitions—pt 10.9\nimprovement, in relation to land, means—\n(a) a building or other structure on or under the land; or\n(b) for land described in a rural lease—\n(i) a building or other structure on or under the land; or\n(ii) any earthworks, planting or other work that affects the\nlandscape of the land that is reasonably undertaken for\nrural purposes.\nlessee, for a lease that has ended, whether by termination, surrender,\nend of term or otherwise, means the person who was the lessee under\nthe lease when the lease ended.\nundertaken, in relation to an improvement that is a building or other\nstructure, means the construction of the building or other structure.\n\nLeases—improvements Part 10.9\n","sortOrder":366},{"sectionNumber":"357","sectionType":"section","heading":"Renewing lessee not liable to pay for improvements","content":"357 Renewing lessee not liable to pay for improvements\n(a) the term of a lease expires; and\n(b) there are improvements on the land described in the lease; and\n(c) the lessee is granted a further lease of the land or part of it.\n(2) The lessee is not liable to pay the territory planning authority for the\nimprovements on the land.\n","sortOrder":367},{"sectionNumber":"358","sectionType":"section","heading":"Authority must pay for certain improvements","content":"358 Authority must pay for certain improvements\n(a) the term of a lease expires; and\n(b) there are improvements on the land described in the lease; and\nof the lessee to payment in relation to the improvements; and\n(d) the lessee is not granted a further lease of the land, or is granted\na lease of only part of the land.\n(2) The territory planning authority must pay the lessee—\n(a) if no further lease of the land is granted to the lessee—the\namount decided by the authority to be the value of the\nimprovements on the land; or\n(b) if a further lease of only part of the land is granted to the lessee—\nthe amount decided by the authority to be the value of the\nimprovements on the part of the land not leased.\n\n","sortOrder":368},{"sectionNumber":"359","sectionType":"section","heading":"Land declared available for further lease","content":"359 Land declared available for further lease\n(a) the territory planning authority must pay a lessee an amount\nunder section 358; and\n(b) before the expiry of the term of the lease, the territory planning\nauthority declares that the land described in the lease, or part of\nthe land, is available for a further lease; and\n(c) the lessee does not elect to take a further lease of the declared\nland within 6 months after the expiry of the term of the lease.\n(2) The amount of any expenditure reasonably incurred by the Territory,\nthe territory planning authority or both, in relation to the grant of a\nlease of the land, or part of the land, to anyone else must be deducted\nfrom the amount payable to the lessee under section 358.\n","sortOrder":369},{"sectionNumber":"360","sectionType":"section","heading":"Lease surrendered or terminated","content":"360 Lease surrendered or terminated\n(a) a lease is surrendered or terminated; and\n(b) the lessee has fully complied with any provisions of the lease\nrelating to the construction of a building on the land described\nin the lease; and\nof the lessee to payment in relation to improvements on the land.\n(2) Section 358 and section 359 apply in relation to the lease (so far as\napplicable) as if the term of the lease had expired on the day the lease\nwas surrendered or terminated.\n(3) However, the amount worked out under subsection (4) must be\ndeducted from any amount payable under section 358 to the lessee of\nthe surrendered or terminated lease.\n\nLeases—improvements Part 10.9\n(4) The territory planning authority may work out the amount of the\nexpenditure reasonably incurred by the Territory, the authority or\nboth, in relation to the surrender or termination of the lease.\n","sortOrder":370},{"sectionNumber":"361","sectionType":"section","heading":"Withdrawal of lease or part before end","content":"361 Withdrawal of lease or part before end\n(a) before the end of the term of a lease, the territory planning\nauthority withdraws all or part of the leased land from the lease\nunder a provision of the lease; and\n(b) the lessee has fully complied with any provisions of the lease\nrelating to the construction of a building on the land; and\nof the lessee to payment in relation to improvements on the land.\n(2) Section 358 and section 359 apply in relation to the lease for the\nwithdrawn land, as if the term of the lease had ended on the day the\nland is withdrawn.\n","sortOrder":371},{"sectionNumber":"362","sectionType":"section","heading":"Deciding value of improvements","content":"362 Deciding value of improvements\n(1) If compensation is payable under this part in relation to\nimprovements, the territory planning authority must—\n(a) as soon as practicable after the assessment day decide, in\nwriting, the market value of the improvements on the land as at\nthe assessment day; and\n(b) in valuing the improvements, assume that—\n(i) for section 358—a further lease of the land had been\ngranted subject to the same provisions, and for the same\nterm, as the lease the term of which has expired; and\n(ii) for section 360—the lease of the land had not been\nterminated or surrendered; and\n\n(iii) for section 361—the leased land had not been withdrawn\nfrom the lease.\nassessment day means—\n(a) in relation to land if the term of the lease has expired—the day\nthe term expired; or\n(b) in relation to land a lease of which has been terminated or\nsurrendered—the day the lease was terminated or surrendered;\nor\n(c) in relation to land that has been withdrawn from a lease—the\nday the land was withdrawn.\nmarket value, in relation to improvements on land, means the amount\nby which the improvements increase the value of the lease of the land,\nassuming that the lease, together with the improvements, were offered\nfor sale on the open market on the day before the assessment day on\nthe reasonable terms and conditions that a genuine seller might\nrequire.\n\nSurrendering and termination of leases Part 10.10\nPart 10.10 Surrendering and termination of\n","sortOrder":372},{"sectionNumber":"363","sectionType":"section","heading":"Lessee may surrender lease","content":"363 Lessee may surrender lease\n(1) A lessee under a lease may, at any time, with the approval of the\nterritory planning authority, surrender the lease or part of the land\ndescribed in the lease.\n(2) The territory planning authority may accept the surrendered lease or\nland unconditionally or subject to any condition the authority\nconsiders appropriate.\n(3) The surrender of the lease or land does not entitle the lessee to a\nrefund or reduction of any rent paid or owing.\n","sortOrder":373},{"sectionNumber":"364","sectionType":"section","heading":"Refund on lease surrender or termination","content":"364 Refund on lease surrender or termination\n(1) This section applies if a lease is surrendered or terminated under this\nAct.\n(2) On application by the person whose lease has been surrendered or\nterminated, the territory planning authority may pay the person the\namount prescribed by regulation.\n(3) A regulation may prescribe when the territory planning authority may\nmake a payment under this section.\n\n","sortOrder":374},{"sectionNumber":"365","sectionType":"section","heading":"Meaning of declared land sublease","content":"365 Meaning of declared land sublease\ndeclared land sublease—\n(a) means a land sublease under a declared lease; and\n(b) includes any new land sublease granted by the lessee to the\nsublessee over the land under a surrendered or expired declared\nland sublease.\ndeclared lease—see section 366 (1).\n","sortOrder":375},{"sectionNumber":"366","sectionType":"section","heading":"Declared leases","content":"366 Declared leases\n(1) The Minister and another Minister may together declare a prescribed\nlease to be a declared lease if satisfied it is in the public interest.\n(2) In deciding whether it is in the public interest to make a declaration,\nthe Ministers must consider the following:\n(a) whether making the declaration is likely to encourage\ndevelopment of the land under the declared lease that has a\nsubstantial benefit to the public;\n(b) whether making the declaration would cause any disadvantage\nto the public taking into account potential uses of the land under\nthe declared lease that are consistent with the territory plan,\nwhether or not those uses are authorised by the lease;\n(c) whether any development of part of the land under the declared\nlease is likely to be part of a larger development and, if so, what\nthat development will involve;\n\nDeclared subleases of land Part 10.11\n(d) whether making the declaration is likely to encourage\ndevelopment of the land under the declared lease that is likely to\nsubstantially facilitate the achievement or development of the\nobject of the territory plan as set out in the planning strategy and\nany relevant district strategy that applies to the land under the\ndeclared lease;\n(e) whether making the declaration raises a major policy issue.\n(3) A declaration is a notifiable instrument.\n(4) A declaration—\n(a) may only be amended or revoked to correct an error and if a\ndeclaration is amended, or revoked and a new declaration made,\nthe amendment or new declaration may commence\nretrospectively; and\n(b) continues to apply in relation to the lease that was a prescribed\nlease when the declaration was made even if the lease stops\nbeing a prescribed lease.\n(5) The territory planning authority must give the registrar-general a copy\nof the declaration.\nprescribed lease means—\n(a) a perpetual Crown lease held by the University of Canberra; or\n(b) a perpetual Crown lease held by the Australian National\nUniversity prescribed by regulation.\n\nPart 10.12 Leases—building and\ndevelopment provisions\n","sortOrder":376},{"sectionNumber":"367","sectionType":"section","heading":"Definitions—pt 10.12","content":"367 Definitions—pt 10.12\nlease includes an interest in the lease.\ntransfer, of a lease, means the transfer or assignment of the lease at\nlaw or in equity.\nDivision 10.12.2 Certificates of compliance\n","sortOrder":377},{"sectionNumber":"368","sectionType":"section","heading":"Certificates of compliance","content":"368 Certificates of compliance\n(1) If a building and development provision of a lease has been fully\ncomplied with, the territory planning authority must, on its own\ninitiative or on application by the lessee, issue a certificate of\ncompliance stating that the provision has been complied with.\n(2) If a building and development provision of a lease has been partly\ncomplied with, the territory planning authority may issue a certificate\nof compliance stating that the provision has been partly complied\nwith.\n(3) A certificate of compliance issued under subsection (2) may be\nsubject to a condition that the lessee provide security in a stated form\nagainst failure to complete stated outstanding works.\n","sortOrder":378},{"sectionNumber":"369","sectionType":"section","heading":"Certificates of compliance—Unit Titles Act leases","content":"369 Certificates of compliance—Unit Titles Act leases\n(1) The territory planning authority must not issue a certificate of\ncompliance under section 368 in relation to a building and\ndevelopment provision that a lease under the Unit Titles Act 2001 is\nsubject to unless satisfied under subsection (2).\n\nBuilding and development provisions—transfer of land Division 10.12.3\n(2) The territory planning authority must be satisfied—\n(a) for every other lease in relation to the same subdivision under\nthe Unit Titles Act 2001 that is subject to a building and\ndevelopment provision—that the provision has been complied\nwith, or a certificate of compliance has been issued under\nsection 368 in relation to the provision; or\n(b) that the occupier of the unit that is held under the lease will not,\nas occupier, be substantially inconvenienced by works being\nundertaken, or that are to be undertaken, in compliance with a\nbuilding and development provision to which the lease of the\ncommon property or another unit contained in the same\nsubdivision under the Unit Titles Act 2001 is subject.\n(3) For subsection (2) (b), an occupier is substantially inconvenienced\nby works being undertaken, or that are to be undertaken, if the works\nare being, or are to be, undertaken to the common property, or another\nunit, in the same stage of the development as the occupier’s unit.\nDivision 10.12.3 Building and development\nprovisions—transfer of land\n","sortOrder":379},{"sectionNumber":"370","sectionType":"section","heading":"Transfer of land subject to building and development","content":"370 Transfer of land subject to building and development\nprovision\nA lease that includes a building and development provision cannot be\ntransferred unless—\n(a) the lessee has died; or\n(b) the transfer is made under—\nLaw Act 1975 (Cwlth); or\ndivision 3.2 adjusting the property interests of the parties\nin a domestic relationship; or\n\nDivision 10.12.3 Building and development provisions—transfer of land\n(c) the transfer happens by operation of, or under, bankruptcy or\ninsolvency; or\n(d) the lessee has a certificate of compliance under section 368; or\n(e) the territory planning authority has approved the transfer under\nsection 371 or section 372.\n","sortOrder":380},{"sectionNumber":"371","sectionType":"section","heading":"Transfer of land subject to building and development","content":"371 Transfer of land subject to building and development\nprovision—approval generally\n(1) The territory planning authority may, in writing, approve a transfer of\na lease that includes a building and development provision if—\n(a) the authority is satisfied that the proposed transferee intends to\ncomply with the provision; and\n(b) the proposed transferee has given any security required by the\nauthority for compliance with the provision; and\n(c) either—\n(i) the proposed transferee has entered into a contract with the\nproposed transferor under which the proposed transferor is\nto build a home on the land described in the lease; or\n(ii) the authority is satisfied that 1 or more of the matters\nmentioned in subsection (2) (a special circumstance)\napplies.\n(2) Each of the following is a special circumstance:\n(a) the lessee cannot, for personal reasons prescribed by regulation,\ncomply with the building and development provision;\n(b) the lessee cannot comply with the building and development\nprovision for financial reasons connected with the lease;\n\nBuilding and development provisions—transfer of land Division 10.12.3\n(c) an unforeseen major event outside the lessee’s control happened\nafter the lessee was granted the lease, and the event has had a\ndemonstrable effect on the lessee’s ability to develop the land\ndescribed in the lease;\n(d) the transfer of the lease is—\n(i) by the Territory, a territory entity, the Commonwealth or a\nCommonwealth entity (an entity); and\n(ii) within the entity’s functions; and\n(iii) necessary because of a change in a policy of the Territory,\nthe Commonwealth or the entity that affects at least 1 other\ntransfer.\nExamples—unforeseen major events—par (c)\n1 a bushfire\n2 a large increase in interest rates\n(3) For subsection (2) (b), a financial reason is connected with the lease\nunless—\n(a) the reason is that the lessee has borrowed an amount, using the\nland as security, for a purpose other than the grant of the lease\nor the development of the land; and\n(b) the amount is used for a purpose other than to meet an expense\narising from a personal reason prescribed by regulation for\nsubsection (2) (a).\nExamples—financial reasons not connected with lease\n1 expenditure on purchase of other land\n2 purchase of luxury car\n3 expenditure on extended overseas holiday\n\nDivision 10.12.4 Noncompliance with building and development provisions\n","sortOrder":381},{"sectionNumber":"372","sectionType":"section","heading":"Transfer of land subject to building and development","content":"372 Transfer of land subject to building and development\nprovision—approval for first sale\nThe territory planning authority may, in writing, approve a transfer of\na lease that includes a building and development provision if the\nproposed transfer is the first sale of the land by the person who\nprovided infrastructure on the land.\n","sortOrder":382},{"sectionNumber":"373","sectionType":"section","heading":"Transfer of land subject to building and development","content":"373 Transfer of land subject to building and development\nprovision—considerations for approval\nIn deciding whether to approve a transfer under section 371 or\nsection 372, the territory planning authority must take into\nconsideration any matter prescribed by regulation.\nDivision 10.12.4 Noncompliance with building and\ndevelopment provisions\n","sortOrder":383},{"sectionNumber":"374","sectionType":"section","heading":"Fee for noncompliance with building and development","content":"374 Fee for noncompliance with building and development\nprovision\n(a) a lease includes a building and development provision requiring\nworks to be completed within a stated time; and\n(b) a certificate of occupancy has not been issued for the works; and\n(c) the works have not been completed within the stated time.\n(2) The lessee must pay the territory planning authority an amount\nprescribed by regulation (a noncompliance fee) for each period\nduring which the works are incomplete.\n(3) The territory planning authority must, at the end of each period during\nwhich the works are incomplete, give the lessee written notice of the\nnoncompliance fee payable for the period.\n(4) A regulation may prescribe circumstances in which a lessee may\napply for a reduction or waiver of a noncompliance fee.\n\nNoncompliance with building and development provisions Division 10.12.4\n(5) A lessee is taken to comply with the building and development\nprovision if the lessee pays the noncompliance fee when it is required\nto be paid (unless the fee is waived under the Financial Management\nAct 1996, section 131).\nNote If a lessee fails to pay a noncompliance fee or complete works within a\nnew compliance time under s 375, the territory planning authority may\nterminate the lease (see s 457).\n","sortOrder":384},{"sectionNumber":"375","sectionType":"section","heading":"Authority may give notice of new compliance time","content":"375 Authority may give notice of new compliance time\n(1) The territory planning authority may, at any time, give written notice\nto a lessee to whom section 374 applies that the works must be\ncompleted within a reasonable stated time (a new compliance time).\n(2) A regulation may prescribe requirements for how the territory\nplanning authority decides a new compliance time.\n\n","sortOrder":385},{"sectionNumber":"376","sectionType":"section","heading":"Criteria for granting licences for unleased land","content":"376 Criteria for granting licences for unleased land\n(1) The Executive may determine criteria for the granting of licences to\noccupy or use unleased land.\n(2) A determination is a disallowable instrument.\n","sortOrder":386},{"sectionNumber":"377","sectionType":"section","heading":"Applications for licences for unleased land","content":"377 Applications for licences for unleased land\n(1) A person may apply to the territory planning authority for a licence\nto occupy or use an area of unleased land.\n(2) An application must—\n(a) state—\n(i) the land in relation to which the licence is sought; and\n(ii) the period for which the licence is sought; and\n(iii) the purposes for which it is proposed that the land should\nbe used under the licence; and\n(b) be accompanied by the written approval of the custodian of the\nland to the grant of the licence.\n","sortOrder":387},{"sectionNumber":"378","sectionType":"section","heading":"Decision on licence applications for unleased land","content":"378 Decision on licence applications for unleased land\n(1) On receiving an application under section 377, the territory planning\nauthority may grant the applicant a licence to occupy or use the land,\nand any building or other structure on the land, stated in the\napplication for the purposes and period stated in the application.\n(2) However, the territory planning authority must not grant the licence\nin relation to public land unless the conservator of flora and fauna\nagrees in writing.\n\nLicences for unleased land Part 10.13\n","sortOrder":388},{"sectionNumber":"379","sectionType":"section","heading":"Licences—form etc","content":"379 Licences—form etc\nA licence granted under section 378—\n(a) must be in writing; and\n(b) must state the period for which it is granted; and\n(c) applies to the person to whom it is granted; and\n(d) is subject to any conditions stated in the licence.\n","sortOrder":389},{"sectionNumber":"380","sectionType":"section","heading":"Licences—when not needed","content":"380 Licences—when not needed\nA person need not hold a licence granted under section 378 to occupy\nor use an area of unleased land if—\n(a) the person holds a sign approval, work approval, or public\nunleased land permit, to use the area under the Public Unleased\nLand Act 2013; and\n(b) the person uses the area in accordance with the approval or\npermit; and\n(c) for an occupation or use that requires development approval—\n(i) the occupation or use has development approval; and\n(ii) if the occupation or use has development approval subject\nto a condition—the person is complying with the condition.\n\nPart 10.14 Leases and licences—\nmiscellaneous\n","sortOrder":390},{"sectionNumber":"381","sectionType":"section","heading":"Reservation of minerals","content":"381 Reservation of minerals\nA reservation of minerals contained in a lease must be read as a\nreservation of all minerals and mineral substances in or on the land\ndescribed in the lease, including gold, silver, copper, tin, other metals,\nores and substances containing metals, gems, precious stones, coal,\nlimestone, shale, mineral oils, valuable earths and substances, stone,\nclay, gravel and sand.\n","sortOrder":391},{"sectionNumber":"382","sectionType":"section","heading":"How land may be recovered if former lessee or licensee","content":"382 How land may be recovered if former lessee or licensee\nin possession\n(a) a person who has been a lessee remains in possession of the land\nafter—\n(i) the term of the lease has ended; or\n(ii) the lease has been surrendered or ended; or\n(b) a person who has been a licensee remains in possession of the\nland after—\n(i) the term of the licence has ended; or\n(ii) the licence has been surrendered or ended.\n(2) The territory planning authority may, by written notice to the person\n(the unlawful occupier), demand that the unlawful occupier give\npossession of the land to the authority within the reasonable period\nstated in the demand.\n\nLeases and licences—miscellaneous Part 10.14\n(3) If the demand is not complied with—\n(a) the territory planning authority may apply to the Magistrates\nCourt for an order that possession of the land be given to the\nauthority; and\n(b) the court may issue a warrant authorising a police officer, within\n20 working days after the day the warrant is issued, to enter the\nland with any reasonable assistance or force required to give\npossession of the land to the authority.\nlicence means a licence granted by the Territory, the Commonwealth\nor the territory planning authority.\n","sortOrder":392},{"sectionNumber":"383","sectionType":"section","heading":"Conversion of Commonwealth leases","content":"383 Conversion of Commonwealth leases\n(a) a declaration under the Australian Capital Territory (Planning\nand Land Management) Act 1988 (Cwlth), section 27 (1), that\nspecified land in the Territory is national land, is amended or\nrepealed; and\n(b) because of the amendment or repeal of the declaration, the land\nstops being national land; and\n(c) a lease granted under a prescribed law, or over all or part of the\nland, is in force immediately before the amendment or repeal of\nthe declaration.\n(2) The lease is taken to be granted under this Act on the amendment or\nrepeal of the declaration.\nprescribed law means—\n(a) any of the following laws in effect before the law was repealed:\n(i) the Leases Ordinance 1918;\n\n(ii) the City Area Leases Ordinance 1936; or\n(b) a law mentioned in paragraph (a) as in effect under the\nAustralian Capital Territory National Land (Leased)\nOrdinance 2022 (Cwlth).\n\nManagement of public land Part 11.1\n","sortOrder":393},{"sectionNumber":"384","sectionType":"section","heading":"Recommendations to authority about public land","content":"384 Recommendations to authority about public land\n(1) This section applies to an area of unleased land.\n(2) The custodian of the area, or the conservator of flora and fauna, may,\nin writing, recommend to the territory planning authority that the\nterritory plan be amended to—\n(a) designate the area as public land and reserve it for a purpose\nmentioned in section 385; or\n(b) in relation to an area already designated in the plan as public\n(i) vary the boundaries of the area; or\n(ii) vary the purpose for which the area is reserved; or\n(iii) provide that the area is no longer public land.\n","sortOrder":394},{"sectionNumber":"385","sectionType":"section","heading":"Reserved areas of public land","content":"385 Reserved areas of public land\nPublic land may be reserved in the territory plan, whether in the map\nor elsewhere in the plan, for any of the following purposes:\n(a) a wilderness area;\n(b) a national park;\n(c) a nature reserve;\n(d) a special purpose reserve;\n(e) an urban open space;\n(f) a cemetery or burial ground;\n(g) the protection of water supply;\n\n(h) a lake;\n(i) a sport and recreation reserve;\n(j) a heritage area.\n","sortOrder":395},{"sectionNumber":"386","sectionType":"section","heading":"Management of public land","content":"386 Management of public land\nThe custodian of an area of public land must manage the land in\naccordance with—\n(a) the management objectives applying to the area; and\n(b) the public land management plan for the area.\n","sortOrder":396},{"sectionNumber":"387","sectionType":"section","heading":"Management objectives for public land","content":"387 Management objectives for public land\n(1) The management objectives for an area of public land reserved for a\nparticular purpose are—\n(a) the management objectives stated in schedule 3, part 3.2,\ncolumn 3 for areas of land reserved for the purpose; and\n(b) the management objectives determined by the conservator of\nflora and fauna under subsection (2).\n(2) The conservator of flora and fauna may determine management\nobjectives for an area of public land reserved for a purpose mentioned\nin schedule 3, part 3.2, column 2.\n(3) A management objectives determination is a disallowable instrument.\n(4) If there is an inconsistency between 2 management objectives stated\nin schedule 3, part 3.2 in relation to an area of public land, the\nobjective appearing earlier in the schedule prevails to the extent of\nthe inconsistency.\n(5) If there is an inconsistency between a management objective stated in\nschedule 3, part 3.2, and a management objective determined by the\nconservator of flora and fauna in relation to an area of public land, the\nobjective in the schedule prevails to the extent of the inconsistency.\n\nPublic land management plans Division 11.2.1\nPart 11.2 Management plans for public\nland\nDivision 11.2.1 Public land management plans\n388 Meaning of public land management plan\npublic land management plan, for an area of public land, means—\n(a) if the area is a reserve—a reserve management plan for the area;\nor\n(b) if the area is not a reserve—a land management plan for the area.\nNote 1 Reserves include wilderness areas, national parks, nature reserves,\ncatchment areas and other prescribed areas of public land.\nNote 2 Public land that is not a reserve may include special purpose reserves,\nurban open spaces, cemeteries, lakes, sport and recreation reserves and\nheritage areas.\nreserve—see the Nature Conservation Act 2014, section 169.\nreserve management plan, for a reserve—see the Nature\nConservation Act 2014, section 175.\nNote Under the Nature Conservation Act 2014, s 177, the custodian of a\nreserve must follow the process in that Act for preparing a draft reserve\nmanagement plan for the reserve.\n\n","sortOrder":397},{"sectionNumber":"389","sectionType":"section","heading":"Draft land management plan—custodian to prepare","content":"389 Draft land management plan—custodian to prepare\n(1) The custodian of an area of public land must prepare a document\n(a draft land management plan) for the area that—\n(a) identifies the area; and\n(b) describes how the management objectives for the area are to be\nimplemented or promoted in the area.\n(2) In preparing a draft land management plan, the custodian must\nconsult—\n(a) the conservator of flora and fauna; and\n(b) the territory planning authority; and\n(c) the environment protection authority.\n","sortOrder":398},{"sectionNumber":"390","sectionType":"section","heading":"Draft land management plan—public consultation","content":"390 Draft land management plan—public consultation\n(1) If the custodian of an area of public land prepares a draft land\nmanagement plan for the area, the custodian must also prepare a\nnotice (a consultation notice) about the draft plan.\n(2) If the custodian publishes a consultation notice about the draft plan—\n(a) anyone may make a written submission to the custodian about\nthe draft plan; and\n(b) submissions may be made to the custodian within 6 weeks after\n\n(a) state the matters mentioned in subsection (2); and\n(b) include the draft plan; and\n(4) If the custodian receives a submission about the draft plan, the\ncustodian must make a copy of the submission available on the\nauthority website until—\n(a) the Minister approves or rejects the draft land management plan;\nor\n(b) the submission or draft land management plan is withdrawn.\n","sortOrder":399},{"sectionNumber":"391","sectionType":"section","heading":"Draft land management plan—revision and submission to","content":"391 Draft land management plan—revision and submission to\nMinister\n(1) If the consultation period for a draft land management plan has ended,\nthe custodian of the area of public land must—\n(b) make any revisions to the draft plan that the custodian considers\nappropriate.\n(2) The custodian must then submit the draft plan to the Minister for\n(3) The draft plan must be accompanied by—\n(a) copies of all submissions received during the consultation\n(b) a report—\n(i) setting out the issues raised in any submissions given to the\ncustodian during the consultation period for the draft plan;\nand\n\n(ii) if the conservator of flora and fauna or the territory\nplanning authority made a submission during the\nconsultation period recommending a change to the draft\nplan and the custodian did not revise the draft plan to\nincorporate the change—explaining why the custodian did\nnot make the recommended change.\n","sortOrder":400},{"sectionNumber":"392","sectionType":"section","heading":"Draft land management plan—referral to Legislative","content":"392 Draft land management plan—referral to Legislative\nAssembly committee\n(1) This section applies if the custodian of an area of public land submits\na draft land management plan to the Minister for approval.\n(2) The Minister must, not later than 5 working days after the day the\nMinister receives the draft plan, refer the following to the relevant\nAssembly committee:\n(a) the draft plan;\n(b) the accompanying documents mentioned in section 391 (3).\n(3) The committee must consider the draft plan and accompanying\ndocuments and either—\n(a) recommend that the Minister approves the draft plan; or\n(b) make another recommendation about the draft plan.\n(4) The committee must tell the Minister about the recommendation and\nrefer the draft plan back to the Minister.\n","sortOrder":401},{"sectionNumber":"393","sectionType":"section","heading":"Draft land management plan—committee to report","content":"393 Draft land management plan—committee to report\n(1) This section applies if the Minister has referred a draft land\nmanagement plan to the relevant Assembly committee under\nsection 392.\n(2) After the committee refers the draft plan back to the Minister, the\nMinister must take action under section 394 in relation to the draft\n\n(3) If the committee has not referred the draft plan back to the Minister\nwithin 6 months after the day the draft plan was given to the\ncommittee, the Minister may take action under section 394 in relation\nto the draft plan.\n","sortOrder":402},{"sectionNumber":"394","sectionType":"section","heading":"Draft land management plan—Minister to approve, return","content":"394 Draft land management plan—Minister to approve, return\nor reject\n(a) the relevant Assembly committee refers a draft land\nmanagement plan back to the Minister under section 392 (4); or\n(b) the Minister decides, under section 393 (3), to take action under\nthis section.\n(2) If the committee has made a recommendation about the draft plan, the\nMinister must consider the recommendation.\n(3) The Minister must, not later than the required time—\n(a) approve the draft plan; or\n(b) return the draft plan to the custodian and direct the custodian to\ntake 1 or more of the following actions in relation to it:\n(i) if the committee has made a recommendation about the\ndraft plan—consider the recommendation;\n(ii) undertake stated further consultation;\n(iii) consider a revision suggested by the Minister;\n(iv) revise the draft plan in a stated way; or\n(c) reject the draft plan.\nrequired time means 45 working days after—\n(a) if subsection (1) (a) applies—the day the committee tells the\nMinister about the recommendation under section 392 (4); or\n\n(b) if subsection (1) (b) applies—the end of the 6 month period\nmentioned in section 393 (3); or\n(c) if section 396 applies—the day the custodian resubmits the plan\nto the Minister.\n","sortOrder":403},{"sectionNumber":"395","sectionType":"section","heading":"Land management plan—effect of Minister’s approval","content":"395 Land management plan—effect of Minister’s approval\n(1) A draft land management plan approved by the Minister under\nsection 394 (3) (a) or section 398 (3) (a) is a land management plan.\n(2) A land management plan is a disallowable instrument.\n","sortOrder":404},{"sectionNumber":"396","sectionType":"section","heading":"Draft land management plan—return to custodian","content":"396 Draft land management plan—return to custodian\n(1) This section applies if the Minister returns a draft plan to a custodian\nwith a direction under section 394 (3) (b).\n(2) The custodian must—\n(a) give effect to the direction; and\n(b) resubmit the draft plan to the Minister for approval.\n(3) The Minister must make a decision about the draft plan in accordance\nwith section 394 (3).\n","sortOrder":405},{"sectionNumber":"397","sectionType":"section","heading":"Draft land management plan—rejection by Minister","content":"397 Draft land management plan—rejection by Minister\n(1) If the Minister rejects a draft land management plan under\nsection 394 (3) (c), the Minister must prepare a notice stating that the\ndraft plan is rejected (a rejection notice).\n(2) A rejection notice must be published on the authority website.\n\n","sortOrder":406},{"sectionNumber":"398","sectionType":"section","heading":"Land management plan—minor amendments","content":"398 Land management plan—minor amendments\n(a) a land management plan for an area of public land is in force\n(the existing plan); and\n(b) the custodian of the land considers that minor amendments to\nthe existing plan are appropriate.\n(2) The custodian—\n(a) may prepare a new draft land management plan for the area,\nincorporating the minor amendments into the existing plan; and\n(b) need not comply with the requirements in this part; and\n(c) may submit the new draft plan to the Minister for approval.\n(3) If the custodian submits a new draft land management plan to the\nMinister for approval, the Minister must—\n(a) approve the new draft plan; or\n(b) reject the new draft plan.\nNote An amended land management plan is a land management plan for the\npurposes of s 395.\nminor amendment, of a land management plan for an area of public\nland, means an amendment that will improve the effectiveness or\ntechnical efficiency of the plan without changing the substance of the\n1 minor correction to improve effectiveness\n2 omission of something redundant\n3 technical adjustment to improve efficiency\n\n","sortOrder":407},{"sectionNumber":"399","sectionType":"section","heading":"Land management plan—custodian to implement","content":"399 Land management plan—custodian to implement\nIf a land management plan is in force for an area of public land, the\ncustodian of the land must take reasonable steps to implement the\n","sortOrder":408},{"sectionNumber":"400","sectionType":"section","heading":"Land management plan—review","content":"400 Land management plan—review\n(1) This section applies if a land management plan is in force for an area\nof public land.\n(2) The custodian of the land must report to the Minister about the\nimplementation of the plan at least once every 5 years.\n(3) The custodian of the land must review the plan—\n(a) every 10 years after the plan commences; and\n(b) at any other time requested by the Minister.\n(4) However, the Minister may extend the time for conducting a review\nunder subsection (3) (a).\n(5) In undertaking a review, the custodian must consult the conservator\nof flora and fauna.\n\nPublic land—leases and miners’ rights Part 11.3\n","sortOrder":409},{"sectionNumber":"Part 11","sectionType":"part","heading":"3 Public land—leases and miners’","content":"Part 11.3 Public land—leases and miners’\nrights\n","sortOrder":410},{"sectionNumber":"401","sectionType":"section","heading":"Leases of public land","content":"401 Leases of public land\n(a) public land; and\n(b) future public land during the defined period.\n(2) The territory planning authority may grant a lease of an area of public\nland only if—\n(a) the lease is recommended, in writing, by the conservator of flora\nand fauna and the custodian of the land; and\n(b) the area is not reserved under the plan as a wilderness area.\n(3) The territory planning authority may, during the defined period, grant\na lease of an area of future public land only if—\n(a) the lease is recommended, in writing, by the conservator of flora\nand fauna and the custodian of the land; and\n(b) the area is not proposed to be reserved as a wilderness area in a\ndraft major plan amendment designating the land to become\npublic land.\ndefined period, in relation to future public land, means the period of\ninterim effect under section 64 of a draft major plan amendment\ndesignating the land to become public land.\nfuture public land means land designated, in a draft major plan\namendment publicly notified under section 63, to become public land.\n","sortOrder":411},{"sectionNumber":"402","sectionType":"section","heading":"Miners’ rights in relation to public land","content":"402 Miners’ rights in relation to public land\nA miner’s right must not be granted in relation to public land.\n\n","sortOrder":412},{"sectionNumber":"Part 12","sectionType":"part","heading":"Development offences and","content":"Chapter 12 Development offences and\n","sortOrder":413},{"sectionNumber":"403","sectionType":"section","heading":"Offence to develop without approval","content":"403 Offence to develop without approval\n(c) the person knows that the development requires development\nMaximum penalty:\n(a) for an individual—2 000 penalty units; or\n(b) for a corporation—2 500 penalty units.\n(c) the person is reckless about whether the development requires\nMaximum penalty: 1 000 penalty units.\n\n(c) the person is negligent about whether the development requires\nMaximum penalty: 500 penalty units.\n(4) A person commits an offence if—\n(b) the development requires development approval.\n(5) An offence against subsection (4) is a strict liability offence.\n(6) It is a defence to a prosecution for an offence against subsection (4)\nif the defendant proves—\n(a) that before undertaking the development the defendant took\nreasonable steps to find out whether the development required\ndevelopment approval; or\n(b) that—\n(i) an exemption assessment D notice was issued before, but\nnot more than 3 months before, the day the defendant\nstarted to undertake the development, stating that the\ndevelopment was an exempt development under\nsection 145; and\n(ii) the defendant was not aware, and could not reasonably\nhave been aware, that the notice was incorrect; or\n(c) that—\n(i) before the day the defendant started to undertake the\ndevelopment, a building approval or approval of amended\nbuilding work plans under the Building Act 2004 for which\ndevelopment approval was required was issued; and\n\n(ii) the building work was undertaken when the building\napproval, or the approval for the amended plans, was in\nforce; and\n(iii) the defendant was not aware, and could not reasonably\nhave been aware, that the building approval, or the\napproval of the amended plans, should not have been\nissued without development approval.\nNote See the Building Act 2004, s 28 (for issuing of building approvals) and\ns 32 (for amendment of approved plans).\n(7) A proceeding under this part is not affected by the making of an\napplication under section 215 (Development applications for\ndevelopment undertaken without approval), or the approval of the\napplication, whether or not the proceeding starts before the\napplication is made or approved.\n(8) To remove any doubt, this section does not apply to development that\nis lawful because of section 407 or section 408.\nNote A person also commits an offence if the person occupies or uses, or\nallows someone else to occupy or use, a building, or part of a building, if\na certificate of occupancy has not been issued for the building or part of\nthe building (see Building Act 2004, s 76 (1)).\n","sortOrder":414},{"sectionNumber":"404","sectionType":"section","heading":"Offence to undertake prohibited development","content":"404 Offence to undertake prohibited development\n(c) the person knows that the development is prohibited.\nMaximum penalty:\n(a) for an individual—2 000 penalty units; or\n(b) for a corporation—2 500 penalty units.\n\n(c) the person is reckless about whether the development is\nMaximum penalty: 1 000 penalty units.\n(c) the person is negligent about whether the development is\nMaximum penalty: 500 penalty units.\n(4) A person commits an offence if—\n(b) the development is prohibited.\nNote Section 156 and s 405 disapply s (1) to (4) in certain cases.\n(5) An offence against subsection (4) is a strict liability offence.\n(6) To remove any doubt, this section does not apply to development that\nis lawful—\n(a) because of section 405, section 407 or section 408; or\n(b) because it is in accordance with a development approval granted\non an application mentioned in section 156 (2).\n\n","sortOrder":415},{"sectionNumber":"405","sectionType":"section","heading":"Development authorised by approval before prohibition","content":"405 Development authorised by approval before prohibition\n(a) a person undertakes development; and\n(b) the development is in accordance with a development approval\ngiven in relation to the development; and\n(c) the development becomes prohibited.\n(2) Section 404 (1) to (4) does not apply to the development if it is\nundertaken in accordance with the development approval, despite any\nother provision of this Act.\nNote The development may still need building approval, or further building\napproval, under the Building Act 2004.\n","sortOrder":416},{"sectionNumber":"406","sectionType":"section","heading":"Offence to develop other than in accordance with","content":"406 Offence to develop other than in accordance with\n(b) the development contravenes the development approval for the\n(2) An offence against subsection (1) is a strict liability offence.\nNote A person contravenes an approval if the person contravenes a condition\nof the approval.\n","sortOrder":417},{"sectionNumber":"407","sectionType":"section","heading":"Development previously exempt—non-use","content":"407 Development previously exempt—non-use\n(a) a development, other than a development that is a use, is exempt\nfrom requiring development approval under a regulation; and\n(b) a person undertakes, or begins, the development; and\n\n(c) after the person undertakes or begins the development, the\ndevelopment stops being exempt because of an amendment of\nthis Act.\n(2) The development is lawful despite any other provision of this Act.\n","sortOrder":418},{"sectionNumber":"408","sectionType":"section","heading":"Development previously exempt—use","content":"408 Development previously exempt—use\n(1) This section applies to a use of land, or of a building or other structure\non land, if the use—\n(a) was an exempt development when it began; and\n(b) is authorised by—\n(i) a lease for the land (the affected lease); or\n(ii) a licence under this Act; or\nLand Act 2013; or\n(iv) a sign approval or work approval under the Public\nUnleased Land Act 2013; or\n(v) section 276 (Use of land for leased purpose); and\n(c) stops being exempt because of an amendment of this Act.\n(2) Also, this section applies in relation to a use of land, or of a building\nor other structure on land, even if 1 or more of the following apply in\nrelation to the use:\n(b) someone deals with the affected lease;\nunder section 289 (Grant of further leases), whether the grant\nhappens immediately after the expiry of the affected lease or\notherwise.\nNote Deal, with a lease—see the dictionary.\n\n(3) However, this section does not apply in relation to the use of land, or\nof a building or other structure on land, if—\n(a) the affected lease is surrendered (other than under section 289)\nor terminated; or\n(b) the use is authorised by a relevant authorisation and the relevant\nauthorisation ends—\n(i) whether on expiry or otherwise; and\n(ii) even if renewed; or\n(c) the affected lease expires and no application is made under\nsection 289 for a further lease.\nNote A person may apply for the grant of a further lease not later than\n6 months after the expiry of the affected lease (see s 289 (1) (c)).\n(4) The use of the land, building or other structure is lawful while\nauthorised by the lease, licence, permit, approval or section 276,\ndespite any other provision of this Act.\nrelevant authorisation means—\n(a) a licence under this Act; or\n(b) a public unleased land permit under the Public Unleased Land\nAct 2013; or\n(c) a sign approval or work approval under the Public Unleased\nLand Act 2013.\n","sortOrder":419},{"sectionNumber":"409","sectionType":"section","heading":"Development that becomes exempt","content":"409 Development that becomes exempt\n(a) a development has been undertaken; and\n(b) development approval was required for the development; and\n(c) there was no development approval for the development.\n\n(2) If the development becomes an exempt development, the\ndevelopment is taken to have been an exempt development since the\nstart of the development.\n(3) A proceeding under this part is not affected by subsection (2), whether\nor not the proceeding starts before the development becomes exempt.\n","sortOrder":420},{"sectionNumber":"410","sectionType":"section","heading":"Victimisation","content":"410 Victimisation\n(1) A person (the first person) commits an offence if the first person\ncauses or threatens to cause a detriment to someone else (the other\nperson) because—\n(a) the other person has made a complaint under part 12.2\n(Complaints about controlled activities); or\n(b) the first person believes that the other person has made, or\nintends to make, a complaint under part 12.2.\n(2) A person commits an offence if the person threatens or intimidates\nsomeone else with the intention of causing the other person—\n(a) not to make a complaint under part 12.2; or\n(b) to withdraw a complaint made under part 12.2.\n\nPart 12.2 Complaints about controlled\n411 Meaning of complainant—pt 12.2\ncomplainant—see section 414 (1) (b).\n412 Meaning of controlled activity\ncontrolled activity means—\n(a) an activity mentioned in schedule 4; or\n(b) an activity, including an activity under another Act, prescribed\nby regulation.\n","sortOrder":421},{"sectionNumber":"413","sectionType":"section","heading":"Complaints about controlled activities","content":"413 Complaints about controlled activities\n(1) Anyone who believes a person was, is or will be undertaking a\ncontrolled activity may complain to the territory planning authority.\n(2) The following are taken to be complaints made under this section:\n(a) notice of a suspicion of noncompliant site work given under the\nBuilding Act 2004, section 50A;\n(b) a complaint referred to the territory planning authority under the\nConstruction Occupations (Licensing) Act 2004, section 123\n(Action after investigating complaint).\n\n","sortOrder":422},{"sectionNumber":"414","sectionType":"section","heading":"Form of complaints","content":"414 Form of complaints\n(1) A complaint must—\n(a) be in writing; and\n(b) include the name and address of the person making the\ncomplaint (the complainant); and\n(c) identify the conduct complained about.\n(2) However, the territory planning authority—\n(a) may accept a complaint for consideration even if it does not\ncomply with subsection (1); and\n(b) must accept a complaint for consideration even if it does not\ncomply with subsection (1) if the complaint is notice given\nunder the Building Act 2004, section 50A (Notification by\ncertifier of possible noncompliant site work).\n(3) If the territory planning authority accepts a complaint that is not in\nwriting, the authority must ask the complainant to put the complaint\nin writing unless there is a good reason for not doing so.\n","sortOrder":423},{"sectionNumber":"415","sectionType":"section","heading":"Withdrawal of complaints","content":"415 Withdrawal of complaints\n(1) A complainant may withdraw their complaint at any time by written\nnotice to the territory planning authority.\n(2) If the complainant withdraws the complaint, the territory planning\n(a) need take no further action on the complaint; but\n(b) may continue to act on the complaint if the authority considers\nit appropriate to do so.\n(3) Also, if the complainant withdraws the complaint, the territory\nplanning authority need not report to the complainant under\nsection 419 (Action after investigating complaints).\n\n","sortOrder":424},{"sectionNumber":"416","sectionType":"section","heading":"Additional information about complaints","content":"416 Additional information about complaints\n(1) The territory planning authority may require a complainant to give\nthe authority additional information about the complaint at any time.\n1 whether a complaint is about controlled activity that was, or is being,\nundertaken\n2 the grounds on which the complainant alleges a controlled activity has\nhappened or is happening\n(2) The territory planning authority must give the complainant a\nreasonable period of time within which the requirement is to be\nsatisfied and may extend that period.\n(3) If the complainant does not comply with the requirement, the territory\nplanning authority may take no further action in relation to the\ncomplaint.\n","sortOrder":425},{"sectionNumber":"417","sectionType":"section","heading":"Investigation of complaints","content":"417 Investigation of complaints\nThe territory planning authority must take reasonable steps to\ninvestigate each complaint made in accordance with section 414\n(Form of complaints).\nNote A person may be required to give information to the authority for the\nadministration or enforcement of this Act (see s 474).\n","sortOrder":426},{"sectionNumber":"418","sectionType":"section","heading":"Use of information relating to complaints","content":"418 Use of information relating to complaints\nThe territory planning authority may use information in a complaint,\nor information found during the investigation of a complaint, in\ndeciding whether to take any action under this chapter.\nNote The territory planning authority must notify a complainant about the\naction it decides to take (see s 419 (2) (b)).\n\n","sortOrder":427},{"sectionNumber":"419","sectionType":"section","heading":"Action after investigating complaints","content":"419 Action after investigating complaints\n(1) After investigating a complaint made under this part, the territory\nplanning authority must do 1 or more of the following:\n(a) if satisfied that no further action is necessary in relation to the\ncomplaint—give the complainant notice under subsection (2)\n(b) and take no further action in relation to the complaint;\n(b) if satisfied that the complaint can be more appropriately dealt\nwith by another entity—refer the complaint to the other entity\nunder section 422;\n1 the complaint is about a potential fire hazard and would be better dealt\nwith by the emergency service\n2 the complaint is about a leasehold that is unclean because leftover\nchemicals are stored on it and would be better dealt with by the\nenvironment protection authority\n3 the complaint is about an amenity impact caused by litter at an open\nprivate place and would be better dealt with by the administrative unit\nresponsible for administering the Litter Act 2004\n(c) if satisfied that the complaint contains evidence that suggests\nthat a ground for occupational discipline exists in relation to a\nconstruction occupations licensee—refer the complaint to the\nconstruction occupations registrar;\n(d) if the authority requires information under section 474—give\nsomeone an information requirement notice;\n(e) take action under part 12.3 (Controlled activity orders) in\nrelation to the conduct complained about;\n(f) if grounds exist under a regulation to issue an infringement\nnotice in relation to the conduct complained about—issue an\ninfringement notice in relation to the conduct;\n\n(g) if satisfied that it would be appropriate for rectification work to\nbe done—direct a person to undertake rectification work under\npart 12.4 (Rectification work) in relation to the conduct\ncomplained about;\n(h) if satisfied that it would be appropriate to give a prohibition\nnotice in relation to the conduct complained about—give a\nprohibition notice under part 12.5 (Prohibition notices) in\nrelation to the conduct;\n(i) if satisfied that there are grounds for issuing an injunction in\nrelation to the conduct complained about—apply to the Supreme\nCourt for an injunction under part 12.6 (Injunctions and\ntermination of leases and licences) in relation to the conduct;\n(j) take action under part 12.6 to terminate a lease or licence;\n(k) take any other action the authority considers appropriate.\n(a) consider any guidelines under section 420 when taking action\nunder this section; and\n(b) give the complainant written notice about what the authority\nproposes to do under subsection (1).\n(3) The territory planning authority may take action under\nsubsection (1) (c) to (k) even if—\n(a) the authority is not acting on a complaint; or\n(b) the complaint is withdrawn.\n\nconstruction occupations licensee—\n(a) means a person licensed under the Construction Occupations\n(Licensing) Act 2004; and\n(b) in relation to conduct, includes a person licensed under that Act\nwhen the conduct happened.\nground for occupational discipline, in relation to a construction\noccupations licensee—see the Construction Occupations (Licensing)\nAct 2004, section 55.\nrectification work—see section 436.\n","sortOrder":428},{"sectionNumber":"420","sectionType":"section","heading":"Guidelines for taking action on complaints","content":"420 Guidelines for taking action on complaints\nThe territory planning authority may make guidelines about the action\nthat may be taken in relation to complaints under this part and the\ncircumstances in which the action may be taken.\n","sortOrder":429},{"sectionNumber":"421","sectionType":"section","heading":"No further action on complaints under s 419 (1) (a)","content":"421 No further action on complaints under s 419 (1) (a)\nIn considering whether no further action is necessary in relation to a\ncomplaint, the territory planning authority must consider whether the\ncomplaint—\n(a) lacks substance; or\n(b) is frivolous, vexatious or dishonest; or\n\n(c) has been adequately dealt with.\n1 the conduct complained about is not a controlled activity\n2 the conduct complained about has development approval\n3 the conduct complained about did not happen\nNote The authority may take no further action on a complaint for other reasons,\neg if the complainant has not complied with a requirement made under\ns 416 (see s 416 (3)) or if the authority considers it is appropriate after\nconsidering the guidelines under s 420.\n","sortOrder":430},{"sectionNumber":"422","sectionType":"section","heading":"Referral of complaints under s 419 (1) (b)","content":"422 Referral of complaints under s 419 (1) (b)\nThe territory planning authority refers a complaint to another entity\nby giving the other entity—\n(a) a copy of the complaint or a summary of the information\nprovided in the complaint; and\n(b) any information relating to the complaint that the authority\nconsiders may be helpful to the entity; and\n(c) a statement about why the authority considers that the entity is\nmore appropriate to deal with the complaint than the authority.\n\n","sortOrder":431},{"sectionNumber":"423","sectionType":"section","heading":"Definitions—pt 12.3","content":"423 Definitions—pt 12.3\ncomplainant—see section 414 (1) (b).\nongoing controlled activity order—see section 428 (1).\n","sortOrder":432},{"sectionNumber":"424","sectionType":"section","heading":"Controlled activity orders","content":"424 Controlled activity orders\n(1) The territory planning authority may, on its own initiative or on\napplication by a person, make an order directed to 1 or more of the\nfollowing (a controlled activity order):\n(a) the lessee or occupier of premises where a controlled activity\nwas, is being, or will be, undertaken;\n(b) anyone by whom or on whose behalf a controlled activity was,\nis being, or will be, undertaken.\n(2) An application for a controlled activity order must be in writing and\nstate the following:\n(a) the applicant’s name and contact address;\n(b) a description of the matter about which the order is sought;\n(c) whether the applicant has complained to the territory planning\nauthority under part 12.2 about the matter;\n(d) the kind of order sought by the applicant;\n(e) each person to whom the order sought is to be directed;\n(f) the premises in relation to which the order is sought;\n(g) the grounds on which the order is sought.\n\n","sortOrder":433},{"sectionNumber":"425","sectionType":"section","heading":"Show cause notices","content":"425 Show cause notices\n(1) This section applies if the territory planning authority intends to make\na controlled activity order on its own initiative, or receives an\napplication to make an order, under section 424 (1).\n(2) The territory planning authority must give written notice of its\nintention or the application (a show cause notice) to—\n(a) each person to whom the authority intends to direct the order, or\nto whom the order is sought to be directed; and\n(b) if not included in paragraph (a)—the lessee or occupier of the\npremises in relation to which the order is to apply.\n(3) A show cause notice must—\n(a) state that a recipient of the notice may, not later than 10 working\ndays after the day the territory planning authority gives the\nnotice, give the authority written reasons explaining why the\norder should not be made; and\n(b) for an order the authority intends to make by its own initiative—\n(i) describe the controlled activity to which the notice relates;\nand\n(ii) name each person to whom the authority intends to direct\nthe order; and\n(iii) if the controlled activity is the subject of a complaint made\nunder part 12.2—attach a copy of the complaint; and\n(c) for an order sought on application—be accompanied by a copy\nof the application.\n(4) A show cause notice may include any other information that the\nterritory planning authority considers appropriate.\n\n(5) The territory planning authority may, on application by a recipient of\na show cause notice, extend the time mentioned in subsection (3) (a)\nif satisfied that it would be appropriate taking into account the reasons\ngiven in the application.\n","sortOrder":434},{"sectionNumber":"426","sectionType":"section","heading":"Time for making controlled activity order","content":"426 Time for making controlled activity order\n(1) If the territory planning authority gives a show cause notice and does\nnot make the controlled activity order within the time prescribed by\nregulation, the authority must give a new show cause notice before\nmaking the order.\n(2) However, the chief planner may extend the time for making a\ncontrolled activity order.\n(3) For a controlled activity order sought on application, the territory\nplanning authority is taken to have decided not to make the order if\nthe authority fails to decide the application before the end of the\nperiod prescribed by regulation.\n","sortOrder":435},{"sectionNumber":"427","sectionType":"section","heading":"Decision on proposed controlled activity order","content":"427 Decision on proposed controlled activity order\n(1) In deciding whether to make a controlled activity order, the territory\nplanning authority must consider any reasons given in response to the\nshow cause notice for the order.\n(2) The territory planning authority may direct a controlled activity order\nto 1 or more of the following:\n(a) the person to whom the authority intends to direct the order, or\nto whom the order is sought to be directed, according to the show\ncause notice;\n(b) if not included in paragraph (a) and the authority considers it\nwould be more appropriate—the lessee or occupier of the\npremises in relation to which the order applies.\n\n(3) If the controlled activity order is directed to the lessee or occupier\nunder subsection (3) (b), the territory planning authority—\n(a) must give a new show cause notice to that person; and\n(b) may consider any reasons given in response to the earlier show\ncause notice when deciding whether to make an order directed\nto that person.\n(4) For a controlled activity order sought on application, the territory\nplanning authority may decide—\n(a) to make the order; or\n(b) to make a different order that is not more burdensome than the\norder sought; or\n(c) not to make an order.\nExample—par (b)\nSteve applies for an order for the demolition of an unapproved structure. Instead,\nthe authority makes an order that the structure is to be demolished if a development\napproval for the structure is not obtained within a stated period.\n","sortOrder":436},{"sectionNumber":"428","sectionType":"section","heading":"Ongoing controlled activity orders","content":"428 Ongoing controlled activity orders\n(1) The territory planning authority may make a controlled activity order\n(an ongoing controlled activity order) that—\n(a) remains in force for a stated period of 2 or more years, but not\nlonger than 5 years; and\n(b) cannot be revoked on application by the person to whom the\norder is directed.\n(2) However, the territory planning authority must not make an ongoing\ncontrolled activity order unless—\n(a) the controlled activity to which the order relates is failing to keep\na leasehold clean; and\n(b) the order is directed to a named person; and\n\n(c) each person to whom the order is directed has contravened 2 or\nmore controlled activity orders relating to failing to keep the\nleasehold clean; and\n(d) at least 2 of the contraventions by each person happened in the\nperiod of 5 years ending on the day the ongoing controlled\nactivity order is made.\nExample—order not directed to named person\nan order directed to the occupier of the premises at 123 Licorice Street\n","sortOrder":437},{"sectionNumber":"429","sectionType":"section","heading":"Content of controlled activity orders","content":"429 Content of controlled activity orders\n(1) A controlled activity order must state the following:\n(a) that it is a controlled activity order under this Act made by the\nterritory planning authority;\n(b) the name of each person to whom the order is directed;\n(c) the terms of the order and the address of the premises in relation\nto which the order applies;\n(d) the grounds on which the order is made;\n(e) when the order takes effect;\n(f) for an order other than an ongoing controlled activity order—\n(i) the period for compliance with the order; and\n(ii) when the order ends (including, for example, on the\nhappening of an event stated in the order);\n(g) for an ongoing controlled activity order—\n(i) when the order ends; and\n(ii) that the order cannot be revoked on application;\n(h) that contravention of a controlled activity order is an offence\nunder this Act.\n\n(2) A controlled activity order must also state that the order operates until\nit is revoked or ends in accordance with the order.\n(3) A controlled activity order may direct anyone to whom it is directed\nto do 1 or more of the following:\n(a) not begin a development without development approval;\n(b) not undertake a development without development approval;\n(c) comply with a lease provision or development agreement;\n(d) restore any land, or a building or other structure on land, that has\nbeen altered, damaged or fallen into disrepair in breach of a lease\nprovision or development agreement;\n(e) comply with the terms of a development approval to undertake\na development;\n(f) undertake a development in accordance with a condition under\nthe development approval for the development;\n(g) demolish a building or other structure, or a part of a building or\nother structure, that has been constructed without development\napproval or permission required under a territory law;\n(h) demolish a building or other structure, or a part of a building or\nother structure, that encroaches onto, over or under unleased\nland without approval granted under a territory law;\n(i) restore any land, building or other structure that has been altered\nwithout development approval or permission required under a\nterritory law;\n(j) replace with an identical building or other structure any building\nor other structure that has been demolished without development\napproval or permission required under a territory law;\n(k) apply for development approval for a building or other structure,\nor part of a building or other structure, that has been constructed\nwithout development approval;\n\n(l) clean up a leasehold and keep it clean;\n(m) if the person to whom the order is directed is bound by a land\nmanagement agreement—comply with the land management\nagreement;\n(n) keep from doing anything that is a controlled activity whether or\nnot a controlled activity order has been, or could be, made under\nparagraphs (a) to (m).\n","sortOrder":438},{"sectionNumber":"430","sectionType":"section","heading":"Notice of making of controlled activity orders","content":"430 Notice of making of controlled activity orders\n(1) If the territory planning authority makes a controlled activity order,\nthe authority must give notice of the making of the order to the\n(a) each person to whom the order is directed;\n(b) if the order is made in response to a complaint under part 12.2—\nthe complainant;\n(c) if the order is made on application under section 424 —the\napplicant;\n(d) the lessee or occupier of the premises in relation to which the\norder applies;\n(e) the registrar-general;\n(f) if the order relates to the pruning of a protected tree—\nthe decision-maker under the Urban Forest Act 2023;\nNote Pruning of a protected tree may be restricted under the Urban\nForest Act 2023, pt 3.\n(g) anyone else whose interests the authority believes are adversely\naffected by the order.\n(2) If a person is given a notice under section 505 (Reviewable decision\nnotices) in relation to the making of a controlled activity order, the\nperson need not be given a separate notice under this section in\nrelation to the making of the order.\n\n","sortOrder":439},{"sectionNumber":"431","sectionType":"section","heading":"Who is bound by a controlled activity order","content":"431 Who is bound by a controlled activity order\n(1) A controlled activity order binds each person to whom it is directed.\n(2) If a controlled activity order binds the lessee of the premises in\nrelation to which the order applies, unless the order otherwise\nprovides, the order also binds anyone who becomes the lessee of the\npremises after the order is made to the same extent as if the order had\nbeen directed to that person.\n(3) If a controlled activity order binds the occupier of the premises in\nrelation to which the order applies, unless the order otherwise\nprovides, the order also binds anyone who becomes an occupier of\nthe premises after the order is made to the same extent as if the order\nhad been directed to that person.\n","sortOrder":440},{"sectionNumber":"432","sectionType":"section","heading":"Contravention of controlled activity orders","content":"432 Contravention of controlled activity orders\n(a) the territory planning authority makes a controlled activity order\ndirected to the person; and\n(b) the order requires the person to do, or not do, something stated\nin the order; and\n(c) the person is given notice of the making of the order (whether\nby being given a copy of the order or otherwise); and\n(d) the person contravenes the order.\nMaximum penalty: the amount stated in schedule 4, column 3 in\nrelation to the activity for which the order was made.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":441},{"sectionNumber":"433","sectionType":"section","heading":"Notice of appeal against controlled activity orders","content":"433 Notice of appeal against controlled activity orders\n(a) a person complains about conduct under part 12.2; and\n\n(b) because of the complaint, or investigations arising from the\ncomplaint, the territory planning authority makes a controlled\nactivity order directed to a person (the directed person); and\n(c) the directed person appeals to the ACAT for review of the\ndecision to make the order.\n(2) The territory planning authority must tell the complainant in writing\nabout the appeal.\n","sortOrder":442},{"sectionNumber":"434","sectionType":"section","heading":"Ending controlled activity orders","content":"434 Ending controlled activity orders\n(1) A controlled activity order operates until it is revoked or ends in\n(2) A person bound by a controlled activity order (other than an ongoing\ncontrolled activity order) may apply in writing to the territory\nplanning authority for the revocation of the order.\n(3) The application must state the grounds on which the revocation of the\ncontrolled activity order is sought.\n(4) The territory planning authority may revoke the controlled activity\norder if satisfied on reasonable grounds that the order is no longer\nnecessary or appropriate.\n","sortOrder":443},{"sectionNumber":"435","sectionType":"section","heading":"Notice ending controlled activity orders","content":"435 Notice ending controlled activity orders\n(1) If a controlled activity order ends other than by being revoked, the\nterritory planning authority must give written notice of the ending of\nthe order to the registrar-general.\n(2) If the territory planning authority revokes a controlled activity order,\nthe authority must give written notice of the revocation to each person\ngiven notice of the making of the order under section 430.\n\n","sortOrder":444},{"sectionNumber":"436","sectionType":"section","heading":"Meaning of rectification work","content":"436 Meaning of rectification work\nrectification work—\n(i) work in relation to premises where a controlled activity is\nbeing undertaken to ensure compliance with the\ndevelopment approval for the activity; or\n(ii) the undertaking of an activity required under a controlled\nactivity order that was not undertaken within the period\nstated in the order; and\n(b) in relation to an authorised person—means the rectification\nwork the authorised person is authorised to undertake.\n","sortOrder":445},{"sectionNumber":"Div 12","sectionType":"division","heading":"4.2 Directions for rectification work","content":"Division 12.4.2 Directions for rectification work\n","sortOrder":446},{"sectionNumber":"437","sectionType":"section","heading":"Direction to undertake rectification work","content":"437 Direction to undertake rectification work\n(1) The territory planning authority may direct 1 or more of the following\nto undertake rectification work in relation to a controlled activity:\n(a) the lessee or occupier of premises where the activity was or is\nbeing undertaken;\n(b) anyone by whom or on whose behalf the activity was or is being\n(2) The territory planning authority must give notice of the direction to—\n(a) the person required to comply with the direction; and\n\nDirections for rectification work Division 12.4.2\n(b) if different from the person mentioned in paragraph (a)—the\nlessee or occupier of the premises to which the direction applies.\n(3) The notice must state the following:\n(a) that it is a direction under this Act made by the territory planning\nauthority;\n(b) the name of the person required to comply with the direction;\n(c) the address of the premises in relation to which the direction\napplies;\n(d) the rectification work required;\n(e) the grounds on which the direction is given;\n(f) that the rectification work must be completed not later than 5\nworking days after the day the notice is given to the person or\nany longer period stated in the notice.\n(4) The notice must also state that, if the rectification work is not\ncompleted by the end of the period required by the notice—\n(a) the territory planning authority may authorise someone else to\nundertake the work; and\n(b) the reasonable cost of undertaking the work is a debt to the\nTerritory by the person required to comply with the direction.\n(5) The territory planning authority is not required to give notice of its\nintention to make a direction.\n(6) This section applies whether or not a proceeding for an offence\nagainst this chapter has begun or is about to begin.\n\n","sortOrder":447},{"sectionNumber":"438","sectionType":"section","heading":"Contravention of direction to undertake rectification work","content":"438 Contravention of direction to undertake rectification work\n(a) the territory planning authority directs the person to undertake\nrectification work in relation to a controlled activity; and\n(b) the person is given notice of the direction; and\n(c) the person contravenes the direction.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":448},{"sectionNumber":"439","sectionType":"section","heading":"Authorisation to undertake rectification work","content":"439 Authorisation to undertake rectification work\n(1) The territory planning authority may authorise a person\n(an authorised person) to enter the premises to which a direction\nunder section 437 (Direction to undertake rectification work) applies\nto undertake the rectification work required by the notice under that\nsection if the work is not completed by the end of the period stated in\nthe notice.\n(2) However, the territory planning authority must not give the\nauthorisation—\n(a) until the end of the period for making an application to the\nACAT for the review of the decision to make the controlled\nactivity order to which the rectification work relates\n(the relevant order); or\n(b) if an application is made to the ACAT for review of the decision\nto make the relevant order—unless the decision is upheld or the\napplication is withdrawn or dismissed.\n(3) The territory planning authority is not required to give notice of its\nintention to authorise a person under subsection (1).\n\nAuthorisations for rectification work Division 12.4.3\n","sortOrder":449},{"sectionNumber":"440","sectionType":"section","heading":"Obligation and powers of authorised people","content":"440 Obligation and powers of authorised people\n(1) An authorised person must undertake rectification work in\naccordance with the directions of an inspector.\n(2) The authorised person may do anything required to undertake the\nrectification work including, for example, the following:\n(a) construction work;\n(b) alteration;\n(c) demolition;\n(d) remove earth, fixtures and construction material;\n(e) remove car bodies, vegetation, machinery or anything else that\nhas to be removed to clean up a leasehold.\n(3) Anything removed from premises to undertake rectification work is\nnot required to be returned and may be disposed of.\n","sortOrder":450},{"sectionNumber":"441","sectionType":"section","heading":"Entry to premises by authorised people","content":"441 Entry to premises by authorised people\n(1) An authorised person may enter premises to undertake rectification\nwork at the premises—\n(a) during business hours with the consent of an occupier; or\n(b) in accordance with a rectification work order.\nNote An occupier may consent on being asked for consent by an inspector, or\nafter being given an intention to enter notice under s 467.\n(2) An authorised person who enters premises may remain at, and\nre-enter, the premises to undertake the rectification work during\nbusiness hours, or at another time authorised by a rectification work\norder, whether or not the inspector remains at the premises.\nNote If entry is made under a rectification work order, see s 445 for re-entry to\nthe premises.\n\n(3) However—\n(a) an authorised person must not enter premises for the first time\nunless accompanied by an inspector; and\n(b) if the authorised person enters or re-enters the premises with\nconsent under subsection (1) (a), the person must leave the\npremises if an occupier withdraws consent to the person being\non the premises.\n","sortOrder":451},{"sectionNumber":"442","sectionType":"section","heading":"Application for rectification work order","content":"442 Application for rectification work order\n(1) An inspector may apply to a magistrate for an order authorising entry\nto premises to undertake rectification work (a rectification work\norder) if—\n(a) the territory planning authority gives a direction for rectification\nwork to be done at the premises; and\n(b) notice of the direction is given under section 437; and\n(c) the rectification work is not undertaken in accordance with the\nnotice; and\n(d) a person is authorised to undertake the rectification work; and\n(e) 1 or more of the following circumstances apply in relation to the\npremises:\n(i) the proposed rectification work cannot reasonably be\nundertaken, or consent to entry cannot be obtained, during\nbusiness hours;\n(ii) an inspector, or an accompanying authorised person, is\nrefused entry in accordance with an intention to enter\nnotice given under section 467;\n\n(iii) consent to the entry of an inspector or an accompanying\nauthorised person to undertake the rectification work is\nwithdrawn;\n(iv) consent to the entry or re-entry of an authorised person to\nundertake or complete the rectification work is withdrawn.\n(2) An application for a rectification work order must be sworn and state\n(a) the grounds for making the application;\n(b) why the order is sought;\n(c) if the order sought is for undertaking rectification work at stated\ntimes outside business hours—why the work needs to be\nundertaken at the stated times;\n(d) whether police assistance, or any other assistance, is likely to be\nneeded to execute the order;\n(e) if the application is made remotely under section 446—why the\napplication is being made remotely.\n","sortOrder":452},{"sectionNumber":"443","sectionType":"section","heading":"Decision on application for rectification work order","content":"443 Decision on application for rectification work order\n(1) A magistrate may refuse to consider an application for a rectification\nwork order until the inspector gives the magistrate any additional\ninformation the magistrate requires for subsection (2).\n(2) The magistrate must not make the rectification work order unless\n(a) there are grounds for making the application; and\n(b) if the order is for undertaking rectification work at stated times\noutside business hours—it is reasonably necessary to undertake\nthe work at the stated times; and\n\n(c) if the application states that assistance is likely to be necessary\nto execute the order—the assistance mentioned in the\napplication is reasonably necessary to execute the order; and\n(d) if the application is made remotely under section 446—the\napplication has been made in accordance with that section.\n(3) A rectification work order may not be made in relation to an inspector\nother than the applicant.\n(4) However, a rectification work order may authorise another inspector\nto accompany the applicant to execute the order.\n","sortOrder":453},{"sectionNumber":"444","sectionType":"section","heading":"Content of rectification work order","content":"444 Content of rectification work order\nA rectification work order must state the following:\n(a) the address of the premises to which the order relates;\n(b) the name of the inspector authorised to enter the premises;\n(c) the name of the authorised person authorised to enter the\npremises with the inspector;\n(d) that the inspector and authorised person may use reasonable\nforce to enter the premises;\n(e) if the order authorises using assistance in executing the order—\nthe assistance that may be used in executing the order;\n(f) that entry is authorised during business hours or, if authorised\noutside business hours, at stated times outside business hours;\n(g) the date, not later than 4 working days after the day the order is\nmade, when the rectification work must begin.\n","sortOrder":454},{"sectionNumber":"445","sectionType":"section","heading":"Authorisation by rectification work order","content":"445 Authorisation by rectification work order\nA rectification work order authorises the following:\n(a) the undertaking of the rectification work to which the order\napplies;\n\n(b) the stated inspector to enter premises in accordance with the\norder;\n(c) the stated authorised person to enter premises in accordance\nwith the order if accompanied by the inspector;\n(d) if the order authorises assistance—the inspector and authorised\nperson to enter with assistance in accordance with the order;\n(e) the inspector to remain on the premises, or to re-enter the\npremises, to give directions to the authorised person;\n(f) the authorised person—\n(i) to remain on the premises to undertake the rectification\nwork, whether or not the inspector remains on the\n(ii) to re-enter the premises to complete the rectification work.\nNote Also, an inspector may require a person’s name and address for a believed\ncontravention of this Act (see s 473).\n","sortOrder":455},{"sectionNumber":"446","sectionType":"section","heading":"Remote application for rectification work order","content":"446 Remote application for rectification work order\n(1) An inspector may apply for a rectification work order in relation to\npremises by phone, email or other form of communication (a remote\napplication) if the inspector considers it necessary because consent\nto the inspector’s entry to the premises has been withdrawn while the\ninspector was on the premises.\n(2) Before applying for the order, the inspector must prepare an\napplication in accordance with section 442 (2).\n(3) However, the inspector may apply for the order before the application\nis sworn.\n\n","sortOrder":456},{"sectionNumber":"447","sectionType":"section","heading":"Documents given after order made on remote application","content":"447 Documents given after order made on remote application\n(1) After making a rectification work order on a remote application, the\nmagistrate must immediately give a written copy to the inspector who\nmade the application if it is practicable to do so.\n(2) If it is not practicable to provide a written copy of the rectification\nwork order to the inspector—\n(i) the order’s terms; and\n(ii) the date and time the order was issued; and\n(b) the inspector must complete a form of order (the rectification\nwork order form) and write on it—\n(ii) the date and time the magistrate issued the order; and\n(iii) the order’s terms.\n(3) The inspector must, at the first reasonable opportunity, send to the\n(a) the sworn application mentioned in section 446 (2); and\n(b) if the inspector completed a rectification work order form—the\ncompleted form.\n(4) On receiving the documents mentioned in subsection (3), the\nmagistrate must attach them to the rectification work order.\n(5) A court must find that a power exercised by an inspector was not\nauthorised by a rectification work order made on a remote application\nif—\nexercise of power was authorised by a rectification work order;\nand\n\n(b) the order is not produced in evidence; and\nrectification work order made on a remote application.\nremote application—see section 446 (1).\n","sortOrder":457},{"sectionNumber":"448","sectionType":"section","heading":"Entry under rectification work order—no occupier","content":"448 Entry under rectification work order—no occupier\npresent\nrectification work order; and\n(b) the inspector believes on reasonable grounds that no occupier is\npresent at the premises.\n(2) The inspector, and anyone authorised under the order to provide\n(3) However, only a police officer may use force against a person.\n","sortOrder":458},{"sectionNumber":"449","sectionType":"section","heading":"Entry under rectification work order—occupier present","content":"449 Entry under rectification work order—occupier present\nrectification work order; and\n(b) an occupier is present at the premises.\n(a) produce the inspector’s identity card to the occupier; and\n(b) give the occupier a copy of the rectification work order; and\n\n(c) tell the occupier that, under the order—\n(i) the authorised person accompanying the inspector is\nauthorised to undertake rectification work under the order;\nand\n(ii) the inspector may, but need not, remain on the premises to\n(d) tell the occupier that—\n(i) hindering the inspector or authorised person may be an\noffence; and\n(ii) the inspector and anyone authorised under the order to\nprovide assistance may use reasonable force to enter if\nentry is refused.\n(3) The inspector, and anyone authorised under the order to provide\n(4) However, only a police officer may use force against a person.\n","sortOrder":459},{"sectionNumber":"450","sectionType":"section","heading":"Liability for cost of rectification work","content":"450 Liability for cost of rectification work\nA person required to comply with a direction under section 437\n(Direction to undertake rectification work) must pay to the Territory\nthe reasonable cost of any rectification work undertaken by an\nauthorised person to which the direction related.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n\nLiability for rectification work Division 12.4.5\n","sortOrder":460},{"sectionNumber":"451","sectionType":"section","heading":"Protection of authorised people from liability","content":"451 Protection of authorised people from liability\n(1) An authorised person does not incur civil liability for rectification\nwork undertaken in accordance with the directions of an inspector.\n(2) A civil liability that would, apart from this section, attach to the\nauthorised person attaches instead to the Territory.\n\n","sortOrder":461},{"sectionNumber":"452","sectionType":"section","heading":"Giving prohibition notices","content":"452 Giving prohibition notices\n(1) This section applies if the territory planning authority believes on\nreasonable grounds that the giving of a notice under this section\n(a prohibition notice) is necessary—\n(a) to prevent an entity starting, or continuing, to undertake\nprohibited development; or\n(b) to prevent an entity from continuing to undertake development\nif—\n(i) the entity has started to undertake the development; and\n(ii) the development requires development approval; and\n(iii) there is no development approval for the development; or\n(c) to prevent an entity from continuing to undertake development\nother than in accordance with the conditions of a development\napproval if—\n(i) the entity has started to undertake a development; and\n(ii) there is development approval for the development; and\n(iii) the development undertaken is not in accordance with the\nconditions of the development approval.\n(2) Also, this section applies to an activity under subsection (1) whether\nor not—\n(a) a controlled activity order is made, or is proposed to be made, in\nrelation to the activity; or\n(b) a proceeding for an offence against this chapter in relation to the\nactivity has begun or is about to begin.\n\nProhibition notices Part 12.5\n(3) The territory planning authority may give a prohibition notice to\neither or both of the following:\n(a) the lessee or occupier of premises to which the activity\nmentioned in subsection (1) relates;\n(b) an entity by which or on behalf of which the activity—\n(i) was, is, or will be, undertaken; or\n(ii) is likely to be undertaken.\n(4) The prohibition notice must state the following:\n(a) that it is a prohibition notice under this Act;\n(b) the name of each entity to which it is directed;\n(c) that the notice takes effect when it is given to an entity to which\nit is directed;\n(d) the grounds on which the notice is given;\n(e) the activity, and the address of the premises, in relation to which\nthe notice applies;\n(f) that the activity—\n(i) must not be carried on by the entity; or\n(ii) must not be carried on by the entity except in accordance\nwith the notice;\n(g) when the notice ends.\nExample—par (g)\non the happening of an event stated in the notice\n(5) A prohibition notice takes effect when it is given to an entity to which\nit is directed.\n(6) The territory planning authority is not required to give notice of its\nintention to give a prohibition notice.\n\n","sortOrder":462},{"sectionNumber":"453","sectionType":"section","heading":"Contravention of prohibition notices","content":"453 Contravention of prohibition notices\n(a) the territory planning authority gives a prohibition notice to the\n(b) the notice is directed to the person; and\n(c) the notice states that an activity must not be carried on by the\nperson in relation to premises; and\n(d) the person carries on the activity in relation to the premises.\n(a) the territory planning authority gives a prohibition notice to the\n(b) the notice is directed to the person; and\n(c) the notice states that an activity must not be carried on by the\nperson in relation to premises except in accordance with the\nnotice; and\n(d) the person carries on the activity in relation to the premises\notherwise than in accordance with the notice.\n(3) An offence against this section is a strict liability offence.\n","sortOrder":463},{"sectionNumber":"454","sectionType":"section","heading":"Ending prohibition notices","content":"454 Ending prohibition notices\nA prohibition notice remains in force until the earliest of the\n(a) the date the notice ends in accordance with the notice;\n(b) the date the notice is revoked.\n\nProhibition notices Part 12.5\n","sortOrder":464},{"sectionNumber":"455","sectionType":"section","heading":"Application for revocation of prohibition notices","content":"455 Application for revocation of prohibition notices\n(1) A person to whom a prohibition notice is directed may, in writing,\napply to the territory planning authority for the revocation of the\n(2) The application must state the grounds on which the revocation is\nsought.\n(3) The territory planning authority may revoke the prohibition notice if\nsatisfied on reasonable grounds that the notice is no longer necessary\nor appropriate.\n\nPart 12.6 Injunctions and termination of leases and licences\nPart 12.6 Injunctions and termination of\nleases and licences\n456 Injunctions to restrain contravention of controlled activity\norders and prohibition notices\n(1) This section applies if a person (the relevant person) has engaged, is\nengaging, or proposes to engage, in conduct contravening a controlled\nactivity order or prohibition notice.\n(2) The territory planning authority or anyone else may apply to the\nSupreme Court for an injunction.\n(3) On application under subsection (2), the Supreme Court may grant an\ninjunction—\n(a) restraining the relevant person from engaging in the conduct;\nand\n(b) if satisfied that it is desirable to do so—requiring the relevant\nperson to do anything.\n(4) The Supreme Court may grant an injunction restraining a relevant\nperson from engaging in conduct of a particular kind—\n(a) if satisfied that the person has engaged in conduct of that kind,\nwhether or not it appears to the court that the person intends to\nengage again, or to continue to engage, in conduct of that kind;\nor\n(b) if it appears to the court that, if an injunction is not granted, it is\nlikely the person will engage in conduct of that kind, whether or\nnot the person has previously engaged in conduct of that kind\nand whether or not there is an imminent danger of substantial\ndamage to someone else if the person engages in conduct of that\nkind.\n(5) This section applies whether or not a proceeding for an offence\nagainst this chapter has begun or is about to begin.\n\nInjunctions and termination of leases and licences Part 12.6\n","sortOrder":465},{"sectionNumber":"457","sectionType":"section","heading":"Termination of leases","content":"457 Termination of leases\n(a) a lessee—\n(i) contravenes this chapter or the lease; or\n(ii) fails to pay a noncompliance fee or complete works within\na new compliance time ; or\n(iii) receives a compliance reminder notice and fails to comply\n(b) the territory planning authority has complied with section 459\n(Notice of termination) in relation to the lessee.\n(2) The territory planning authority may, by written notice\n(a termination notice) given to the lessee, terminate the lease.\n(3) A termination notice takes effect 10 working days after the day the\nnotice is given.\n(4) At the same time as, or as soon as practicable after, the termination\nnotice is given to the lessee, the territory planning authority must give\na copy of the termination notice to—\n(a) the registrar-general; and\n(b) any person having an interest in the land described in the lease\nthat is registered under the Land Titles Act 1925.\n(5) The validity of the termination of a lease is not affected by a failure\nto comply with subsection (4).\n\nPart 12.6 Injunctions and termination of leases and licences\ncompliance reminder notice means a notice by the territory planning\nauthority to the lessee of a community lease stating that—\n(a) the lessee must, within 15 days after the day the lessee receives\nthe notice—\n(i) if the lessee has failed to give the authority a community\nuse report for a financial year—give the authority the\ncommunity use report; or\n(ii) if the lessee has failed to give the authority additional\ninformation requested under section 296 (4) in relation to\na community use report—give the authority the additional\ninformation; or\n(iii) if the lessee has failed to commission an audit as required\nby the authority under section 297 (1)—commission the\naudit; and\n(b) if the lessee fails to comply with the notice within the stated\ntime, the lessee’s lease may be terminated.\n","sortOrder":466},{"sectionNumber":"458","sectionType":"section","heading":"Termination of licences","content":"458 Termination of licences\n(a) a person who occupies land under a licence from the\nCommonwealth or the Territory contravenes this chapter or the\nlicence; and\n(b) the territory planning authority has complied with section 459\n(Notice of termination) in relation to the licensee.\n(2) The territory planning authority may terminate the licence by written\nnotice given to the licensee.\n(3) A notice under subsection (2) takes effect 5 working days after the\nday the notice is given to the licensee.\n\nInjunctions and termination of leases and licences Part 12.6\n","sortOrder":467},{"sectionNumber":"459","sectionType":"section","heading":"Notice of termination","content":"459 Notice of termination\n(1) The territory planning authority must not terminate a lease or a\nlicence under this part unless it has—\n(a) by written notice given to the lessee or licensee—\n(i) told the lessee or licensee that it is considering terminating\nthe lease or licence; and\n(ii) stated the grounds on which it is considering taking that\naction; and\n(iii) invited the lessee or licensee to tell the authority in writing,\nnot later than 15 working days after the day the lessee or\nlicensee receives the notice, why the lessee or licensee\nconsiders that the lease or licence should not be terminated;\nand\n(b) for the termination of a lease—given a copy of the notice under\nparagraph (a) to each person with a registered interest in the\n(c) taken into account any reasons for not terminating the lease or\nlicence given to the authority by the lessee or licensee in\naccordance with the notice served on the lessee or licensee under\nparagraph (a).\n(2) The territory planning authority may extend the time for responding\nto the notice under subsection (1) (a) (iii).\n\n","sortOrder":468},{"sectionNumber":"460","sectionType":"section","heading":"Definitions—ch 13","content":"460 Definitions—ch 13\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the premises.\noffence includes an offence for which there are reasonable grounds\nfor believing it has been, is being, or will be, committed.\n\nInspectors Part 13.2\n","sortOrder":469},{"sectionNumber":"Part 13","sectionType":"part","heading":"2 Inspectors","content":"Part 13.2 Inspectors\n","sortOrder":470},{"sectionNumber":"461","sectionType":"section","heading":"Appointment of inspectors","content":"461 Appointment of inspectors\nThe territory planning authority may appoint a public servant as an\ninspector for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n","sortOrder":471},{"sectionNumber":"462","sectionType":"section","heading":"Identity cards","content":"462 Identity cards\n(1) The territory planning authority must give a person appointed as an\ninspector an identity card stating the person’s name and that the\nperson is an inspector.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(a) the person stops being an inspector; and\n(b) the person does not return the person’s identity card to the\nterritory planning authority as soon as practicable, but not later\nthan 5 working days after the day the person stops being an\ninspector.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n\n","sortOrder":472},{"sectionNumber":"463","sectionType":"section","heading":"Entry to premises","content":"463 Entry to premises\n(1) For this Act, an inspector may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment);\nor\n(b) if entering without an authorised person—at any time, enter\npremises with the occupier’s consent; or\n(c) if entering with an authorised person—during business hours,\nenter the premises with the occupier’s consent; or\nNote An occupier may consent on being asked for consent by an\ninspector, or after being given an intention to enter notice under\ns 467.\n(d) enter premises with an authorised person in accordance with a\nrectification work order; or\n(e) enter premises in accordance with a search warrant or\nmonitoring warrant.\n(2) However, subsection (1) (a) does not authorise entry into a part of the\npremises that is being used only for residential purposes.\n(3) If an inspector wants to ask for consent to enter a building or other\nstructure on premises, the inspector may, without the occupier’s\nconsent, enter any land that forms part of the premises to—\n(a) ask for the consent; or\n(b) give an intention to enter notice under section 467.\n(4) To remove any doubt—\n(a) an inspector may enter premises under subsection (1) without\npayment of an entry fee or other charge; and\n\n(b) for subsection (3), it does not matter whether someone is on the\npremises or not when the inspector enters.\n","sortOrder":473},{"sectionNumber":"464","sectionType":"section","heading":"Remaining at premises","content":"464 Remaining at premises\nAn inspector must not remain at premises entered under this part if\nthe inspector does not show their identity card when asked by the\noccupier.\n","sortOrder":474},{"sectionNumber":"465","sectionType":"section","heading":"Consent to entry without authorised person","content":"465 Consent to entry without authorised person\n(1) This section applies if an inspector intends to ask the occupier of the\npremises to consent to the inspector entering the premises under\nsection 463 (1) (b).\n(2) Before asking for consent, the inspector must—\n(a) show their identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that the occupier may refuse consent to enter the premises;\nand\n(iii) that the inspector may exercise certain powers under\nsection 468 (General powers on entry to premises); and\n(iv) that the occupier may withdraw consent to remain at the\npremises.\n(3) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment (an acknowledgment of consent) stating the\n(a) the matters mentioned in subsection (2) (b);\n(b) that the occupier was told of those matters;\n(c) that the occupier consented to the entry;\n\n(d) the date and time that consent was given.\n(4) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n(5) A court must find that the occupier did not consent to the inspector\nentering or remaining at the premises under this part if—\noccupier consented; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented.\n","sortOrder":475},{"sectionNumber":"466","sectionType":"section","heading":"Consent to entry with authorised person","content":"466 Consent to entry with authorised person\n(1) This section applies if an inspector intends to ask the occupier of the\npremises to consent to the inspector and an authorised person entering\nthe premises under section 463 (1) (c).\n(2) The inspector must, during business hours—\n(a) show their identity card; and\n(b) tell the occupier that—\n(i) the territory planning authority gave a direction for\nrectification work to be done at the premises; and\n(ii) notice of the direction was given under section 437; and\n(iii) the rectification work was not undertaken in accordance\n(iv) a person has been authorised to undertake the rectification\nwork; and\n(v) entry is sought to allow the authorised person to undertake\nthe rectification work; and\n(vi) the authorised person is accompanying the inspector; and\n\n(vii) the inspector may, but need not, remain at the premises to\n(viii) the authorised person may return during business hours as\nrequired to complete the work; and\n(ix) the occupier may refuse consent to enter the premises; and\n(x) the occupier may withdraw consent to remain at the\npremises.\n(3) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment (an acknowledgment of consent) stating the\n(a) the matters mentioned in subsection (2) (b);\n(b) that the occupier was told of those matters;\n(c) that the occupier consented to the entry;\n(d) the date and time that consent was given.\n(4) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n(5) A court must find that the occupier did not consent to the inspector\nentering or remaining at the premises under this part if—\noccupier consented; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented.\n","sortOrder":476},{"sectionNumber":"467","sectionType":"section","heading":"Entry on notice for rectification work and monitoring","content":"467 Entry on notice for rectification work and monitoring\n(1) This section applies to an inspector proposing to enter premises—\n(a) under section 463 (1) (b) to check whether a controlled activity\nhas happened, or is happening, in relation to the premises; or\n\n(b) under section 463 (1) (b) to check whether 1 or more of the\nfollowing in relation to the premises is being complied with:\n(i) a controlled activity order;\n(ii) a direction under section 437 to undertake rectification\nwork;\n(iii) a prohibition notice;\n(iv) an injunction under section 456; or\n(c) with an authorised person under section 463 (1) (c).\n(2) The territory planning authority may give an occupier of the premises\nwritten notice of the inspector’s intention to enter the premises\n(an intention to enter notice).\n(3) An intention to enter notice—\n(a) must be given to the occupier at least 2 working days before the\nproposed entry; and\n(b) may be given to the occupier without first asking for the\noccupier’s consent to enter the premises.\n(4) For a proposed entry mentioned in subsection (1) (a) or (b), an\nintention to enter notice must state—\n(a) the reason for the proposed entry; and\n(b) when the inspector proposes to enter the premises; and\n(c) that the occupier may refuse consent for the inspector or\nauthorised person to enter the premises; and\n(d) that the occupier may withdraw consent for the inspector or\nauthorised person to remain at the premises.\n\n(5) For a proposed entry mentioned in subsection (1) (c), an intention to\nenter notice must state—\n(a) that—\n(i) the territory planning authority gave a direction for\nrectification work to be done at the premises; and\n(ii) notice of the direction was given under section 437; and\n(iii) the rectification work was not undertaken in accordance\n(iv) a person has been authorised to undertake the rectification\nwork; and\n(v) the inspector proposes to enter the premises with an\nauthorised person to allow the authorised person to\nundertake the rectification work; and\n(vi) the inspector may, but need not, remain at the premises to\n(vii) the occupier may refuse consent for the inspector or\nauthorised person to enter the premises; and\n(viii) the occupier may withdraw consent for the inspector or\nauthorised person to remain at the premises; and\n(b) when, during business hours, the work is proposed to be\n(6) Before an inspector enters the premises in accordance with the\nintention to enter notice, the inspector must—\n(a) tell the occupier that—\n(i) the inspector proposes to enter the premises with an\nauthorised person to allow the authorised person to\nundertake the rectification work to which the notice relates;\nor\n\n(ii) the inspector proposes to enter the premises to check\nwhether a controlled activity has happened, or is\nhappening; or\n(iii) the inspector intends to enter the premises to check\ncompliance in accordance with the notice; and\n(b) tell the occupier that, if the occupier does not consent to the\ninspector or authorised person entering, or remaining at, the\npremises, an application may be made to a court for a\nrectification work order or a monitoring warrant; and\n(c) give the occupier a copy of the notice.\n(7) If an inspector gives the occupier an intention to enter notice, the\ninspector must ask the occupier to sign a written acknowledgment\nthat the occupier was told that—\n(a) the inspector—\n(i) proposes to enter the premises with an authorised person to\nallow the authorised person to undertake the rectification\nwork to which the notice relates; or\n(ii) proposes to enter the premises to check whether a\ncontrolled activity has happened, or is happening; or\n(iii) intends to enter the premises to check compliance in\naccordance with the notice; and\n(b) if the occupier does not consent to the inspector or authorised\nperson entering or remaining at the premises—an application\nmay be made to a court for a rectification work order or a\nmonitoring warrant.\n(8) If the occupier signs an acknowledgment under subsection (7), the\ninspector must immediately give a copy to the occupier.\n\n","sortOrder":477},{"sectionNumber":"468","sectionType":"section","heading":"General powers on entry to premises","content":"468 General powers on entry to premises\n(1) For this Act, an inspector who enters premises under this chapter may\ndo 1 or more of the following in relation to the premises or anything\nat the premises:\n(a) inspect or examine anything;\n(b) take measurements or conduct tests;\n(c) take photographs or audio, video or other recordings, or make\nsketches;\n(d) ask the occupier, or anyone else at the premises—\n(i) to give information to the inspector; or\n(ii) to produce documents to the inspector.\nNote An inspector who enters premises under a search warrant may also\nexercise power under s 470, s 471 and s 472. An inspector who enters\npremises under a monitoring warrant may also exercise powers under\ns 470 and s 472. See also s (3) in relation to the exercise of power under\nwarrants.\n(2) An inspector must not exercise a power under subsection (1) unless\nthe inspector believes on reasonable grounds that the exercise relates\nto 1 or more of the following:\n(a) a controlled activity or possible controlled activity;\n(b) a prohibition notice;\n(c) a direction under section 437 to undertake rectification work;\n(d) an injunction under section 456;\n(e) an offence or possible offence, or a thing or activity connected\nwith an offence or possible offence, against this Act.\n\n(3) If the inspector enters the premises under a search warrant or\nmonitoring warrant, the inspector may only exercise a power under\nsubsection (1) in relation to a matter mentioned in subsection (2) if\nthe warrant relates to the matter.\n(4) This section does not apply to an inspector who enters premises under\nsection 463 (1) (c) or (d).\n","sortOrder":478},{"sectionNumber":"469","sectionType":"section","heading":"Power on entry for rectification work","content":"469 Power on entry for rectification work\nFor this Act, an inspector who enters premises under\nsection 463 (1) (c) or (d) may give directions to the authorised person\nundertaking rectification work about how the work is to be\n","sortOrder":479},{"sectionNumber":"470","sectionType":"section","heading":"Power to require help on entry under warrant","content":"470 Power to require help on entry under warrant\n(1) An inspector who enters premises under a search warrant or\nmonitoring warrant may require the occupier, or anyone at the\npremises, to give the inspector reasonable help to exercise a power\nunder this chapter.\n(2) A person commits an offence if the person fails to take all reasonable\nsteps to comply with a requirement made of the person under\nsubsection (1).\nMaximum penalty: 50 penalty units.\n","sortOrder":480},{"sectionNumber":"471","sectionType":"section","heading":"Power to take samples on entry under warrant","content":"471 Power to take samples on entry under warrant\n(1) An inspector who enters premises under a search warrant or\nmonitoring warrant may take samples of anything the inspector\nbelieves on reasonable grounds is connected with the matter to which\nthe warrant relates.\n(a) give a receipt for the sample to the occupier of the place from\nwhere the sample was taken; and\n\n(b) divide the sample into 2 parts as nearly as practicable identical\nin size and composition to each other; and\n(c) ensure that each part is suitable for the purpose of analysis; and\n(d) place each part in a separate container and seal the containers;\nand\n(e) attach to each container a label that is signed by the inspector\nand states the date and time when, and the place where, the\nsample was taken; and\n(f) give 1 of the containers to the occupier.\n","sortOrder":481},{"sectionNumber":"472","sectionType":"section","heading":"Power to seize things on entry under search warrant","content":"472 Power to seize things on entry under search warrant\nAn inspector who enters premises under a search warrant may seize\nanything at the premises that the inspector is authorised to seize under\nthe warrant.\n","sortOrder":482},{"sectionNumber":"473","sectionType":"section","heading":"Power to require name and address","content":"473 Power to require name and address\n(1) An inspector may require a person to state the person’s name and\nhome address if the inspector believes on reasonable grounds that the\nperson is committing or has just committed an offence against this\nAct.\n(2) The inspector must tell the person the reason for the requirement and,\nas soon as practicable, record the reason.\n(3) The person may ask the inspector to show their identity card for\ninspection by the person.\n(4) A person must comply with a requirement made of the person under\nsubsection (1) if the inspector—\n(a) tells the person the reason for the requirement; and\n\n(b) complies with any request made by the person under\nsubsection (3).\nMaximum penalty: 10 penalty units.\n(5) An offence against this section is a strict liability offence.\n\nInformation requirements Part 13.4\n","sortOrder":483},{"sectionNumber":"474","sectionType":"section","heading":"Information requirements","content":"474 Information requirements\n(1) This section applies if the territory planning authority suspects on\nreasonable grounds that a person—\n(a) has information reasonably required by the authority for the\nadministration or enforcement of this Act; or\n(b) has possession or control of a document containing that\n(2) The territory planning authority may give the person a written notice\nrequiring the person to give the information or produce the document\nto the authority (an information requirement notice).\n(3) The notice must include details of the following:\n(a) the identity of the person to whom it is given;\n(b) why the information is required;\n(c) the time by which the notice must be complied with;\n(d) the operation of subsection (4).\n(4) A person commits an offence if the person intentionally contravenes\nan information requirement notice.\nMaximum penalty: 100 penalty units.\n(5) A person does not incur any civil or criminal liability only because\nthe person gives information or a document to the territory planning\nauthority in accordance with an information requirement notice.\n\n","sortOrder":484},{"sectionNumber":"475","sectionType":"section","heading":"Treatment of documents provided under information","content":"475 Treatment of documents provided under information\nrequirement\n(1) The territory planning authority must return a document produced in\naccordance with an information requirement notice to the person who\nproduced the document as soon as practicable.\n(2) The territory planning authority may make copies of, or take extracts\nfrom, the document.\n","sortOrder":485},{"sectionNumber":"476","sectionType":"section","heading":"When authority may ask for information from","content":"476 When authority may ask for information from\ncommissioner for revenue\n(1) This section applies if the territory planning authority may or must\nnotify, or intends to take action under this Act in relation to, an\nuncontactable person or a person the authority reasonably believes is\nan uncontactable person.\n1 giving a person notice of the making of a development application under\ndiv 7.5.4 (Public notification of development applications)\n2 giving a person who made a representation about a development application\nnotice of the approval of the application\n3 action under s 382 (How land may be recovered if former lessee or licensee in\npossession) or this chapter.\n(2) The territory planning authority may, in writing, ask the\ncommissioner for revenue to provide the person’s name or the\nperson’s home address or other contact address.\n(3) The commissioner for revenue must disclose the information required\nin a request made in accordance with subsection (2).\nNote See also the Taxation Administration Act 1999, s 97 (1) (d) for power to\ndisclose the information.\nuncontactable person—a person is an uncontactable person if the\nterritory planning authority does not have complete or up-to-date\ninformation about the person’s name or the person’s contact address.\n\nInformation requirements Part 13.4\n","sortOrder":486},{"sectionNumber":"477","sectionType":"section","heading":"When authority may ask for information about leases","content":"477 When authority may ask for information about leases\nfrom commissioner for revenue\n(1) The territory planning authority may, in writing, ask the\ncommissioner for revenue for the following information in relation to\na lease:\n(a) the lessee’s name;\n(b) the lessee’s home address or other contact address.\n(2) The commissioner for revenue must disclose the information required\nin a request made in accordance with subsection (1).\nNote See also the Taxation Administration Act 1999, s 97 (1) (d) for power to\ndisclose the information.\n(3) The territory planning authority must not make a request under\nsubsection (1) in relation to a lease more often than—\n(a) once every month; or\n(b) if a regulation prescribes a longer period—once each period.\n(4) Nothing in this section prevents the territory planning authority from\nasking for information under section 476.\n\n","sortOrder":487},{"sectionNumber":"478","sectionType":"section","heading":"Application for search warrant","content":"478 Application for search warrant\n(1) An inspector may apply to a magistrate for a warrant to enter premises\n(a search warrant).\n(2) The application must be sworn and state the grounds on which the\nsearch warrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a search warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(5) The search warrant must state the following:\n(a) that an inspector may, with any necessary assistance and force,\nenter the premises and exercise the inspector’s powers under this\nchapter;\n(b) the offence for which the warrant is issued;\n(c) the things that may be seized under the warrant;\n(d) the hours when the premises may be entered;\n(e) the date, within 14 days after the day of the warrant’s issue, the\nwarrant ends.\n\nSearch warrants Part 13.5\n","sortOrder":488},{"sectionNumber":"479","sectionType":"section","heading":"Remote application for search warrant","content":"479 Remote application for search warrant\n(1) An inspector may apply for a search warrant by phone, email or other\nform of communication (a remote application) if the inspector\nconsiders it necessary because of urgent or other special\ncircumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) However, the inspector may apply for the warrant before the\napplication is sworn.\n","sortOrder":489},{"sectionNumber":"480","sectionType":"section","heading":"Documents given after warrant issued on remote","content":"480 Documents given after warrant issued on remote\n(1) After issuing a search warrant on a remote application, the magistrate\nmust immediately give a written copy to the inspector who made the\napplication if it is practicable to do so.\n(2) If it is not practicable to give a written copy to the inspector—\n(i) the warrant’s terms; and\n(ii) the date and time the warrant was issued; and\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(3) The written copy of the search warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and the exercise of\nthe inspector’s powers under this chapter.\n\n(4) The inspector must, at the first reasonable opportunity, send to the\n(a) the sworn application mentioned in section 479 (2); and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(5) On receiving the documents mentioned in subsection (4), the\nmagistrate must attach them to the search warrant.\n(6) A court must find that a power exercised by an inspector was not\nauthorised by a search warrant issued on a remote application if—\nexercise of power was authorised by a search warrant; and\n(b) the warrant is not produced in evidence; and\nsearch warrant issued on a remote application.\nremote application—see section 479 (1).\n","sortOrder":490},{"sectionNumber":"481","sectionType":"section","heading":"Search warrants—announcement before entry","content":"481 Search warrants—announcement before entry\n(1) Before anyone enters premises under a search warrant, an inspector\n(a) announce that the inspector is authorised to enter the premises;\nand\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n\nSearch warrants Part 13.5\n(2) The inspector is not required to comply with subsection (1) if the\ninspector believes on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of anyone (including the inspector or any person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":491},{"sectionNumber":"482","sectionType":"section","heading":"Details of search warrant must be given to occupier","content":"482 Details of search warrant must be given to occupier\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the inspector or a person assisting must\nmake available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":492},{"sectionNumber":"483","sectionType":"section","heading":"Occupier may be present during search","content":"483 Occupier may be present during search\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\n","sortOrder":493},{"sectionNumber":"484","sectionType":"section","heading":"Application for monitoring warrant","content":"484 Application for monitoring warrant\n(1) An inspector may apply for a warrant in relation to premises\n(a monitoring warrant) if—\n(a) any of the following apply:\n(i) the inspector believes on reasonable grounds that a\ncontrolled activity has happened, or is happening, at the\npremises;\n(ii) there is a controlled activity order in relation to a controlled\nactivity at the premises;\n(iii) there is a prohibition notice in relation to the premises;\n(iv) a direction was given under section 437 to undertake\nrectification work at the premises;\n(v) an injunction under section 456 is in force in relation to the\n(b) any of the following apply:\n(i) an inspector has been refused entry in accordance with an\nintention to enter notice given under section 467;\n(ii) the occupier—\n(A) is given an intention to enter notice under section 467;\nand\n(B) consents to the entry of an inspector in accordance\n(C) withdraws the consent.\n\n(2) An application for a monitoring warrant must be sworn and state—\n(a) the grounds on which the applicant relies to make the\n(b) why the warrant is sought; and\n(c) whether police assistance, or any other assistance, is likely to be\nneeded to execute the warrant; and\n(d) if the application is made remotely under section 488—why the\napplication is being made remotely.\n","sortOrder":494},{"sectionNumber":"485","sectionType":"section","heading":"Decision on application for monitoring warrant","content":"485 Decision on application for monitoring warrant\n(1) A magistrate may refuse to consider an application for a monitoring\nwarrant until the inspector gives the magistrate any additional\ninformation the magistrate requires for subsection (2).\n(2) The magistrate must not issue the monitoring warrant unless satisfied\n(a) there are grounds for making the application; and\n(b) if the application states that assistance is likely to be necessary\nto execute the warrant—that the assistance mentioned in the\napplication is reasonably necessary to execute the warrant; and\n(c) if the application is made remotely under section 488—the\napplication has been made in accordance with that section.\n(3) A monitoring warrant may not be issued in relation to an inspector\nother than the applicant.\n(4) However, a monitoring warrant may authorise another inspector to\naccompany the applicant to execute the warrant.\n\n","sortOrder":495},{"sectionNumber":"486","sectionType":"section","heading":"Content of monitoring warrant","content":"486 Content of monitoring warrant\nA monitoring warrant must state the following:\n(a) the address of the premises to which the warrant relates;\n(b) the name of the inspector authorised to enter the premises;\n(c) that the inspector may use reasonable force to enter the\npremises;\n(d) if the warrant authorises using assistance in executing the\nwarrant—the assistance that may be used in executing the\nwarrant;\n(e) that the warrant ends—\n(i) if the ground for applying for the warrant is a circumstance\nmentioned in section 484 (1) (a) (i)—5 working days after\nthe day the warrant is issued; or\n(ii) if the ground for applying for the warrant is a circumstance\nmentioned in section 484 (1) (a) (ii) to (v)—on the earliest\nof the following:\n(A) when the circumstance no longer applies;\n(B) 3 months after the day the warrant is issued.\n","sortOrder":496},{"sectionNumber":"487","sectionType":"section","heading":"Authorisation by monitoring warrant","content":"487 Authorisation by monitoring warrant\nThe monitoring warrant authorises the stated inspector, and anyone\nauthorised by the warrant to provide assistance, to enter premises in\nNote 1 While on the premises, the inspector may exercise power under s 468.\nNote 2 For when an inspector may require a person to state the person’s name\nand address, see s 473.\n\n","sortOrder":497},{"sectionNumber":"488","sectionType":"section","heading":"Remote application for monitoring warrant","content":"488 Remote application for monitoring warrant\n(1) An inspector may apply for a monitoring warrant in relation to\npremises by phone, email or other form of communication (a remote\napplication) if the inspector considers it necessary because consent\nto the inspector’s entry to the premises has been withdrawn while the\ninspector was on the premises.\n(2) Before applying for the warrant, the inspector must prepare an\napplication in accordance with section 484 (2).\n(3) However, the inspector may apply for the warrant before the\napplication is sworn.\n","sortOrder":498},{"sectionNumber":"489","sectionType":"section","heading":"Documents given after warrant issued on remote","content":"489 Documents given after warrant issued on remote\n(1) After issuing a monitoring warrant on a remote application, the\nmagistrate must immediately give a written copy to the inspector who\nmade the application if it is practicable to do so.\n(2) If it is not practicable to provide a written copy of the monitoring\nwarrant to the inspector—\n(i) the warrant’s terms; and\n(ii) the date and time the warrant was issued; and\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n\n(3) The inspector must, at the first reasonable opportunity, send to the\n(a) the sworn application mentioned in section 488 (2); and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(4) On receiving the documents mentioned in subsection (3), the\nmagistrate must attach them to the monitoring warrant.\n(5) A court must find that a power exercised by an inspector was not\nauthorised by a monitoring warrant issued on a remote application\nif—\nexercise of power was authorised by a monitoring warrant; and\n(b) the warrant is not produced in evidence; and\nmonitoring warrant issued on a remote application.\nremote application—see section 488 (1).\n","sortOrder":499},{"sectionNumber":"490","sectionType":"section","heading":"Entry under monitoring warrant—no occupier present","content":"490 Entry under monitoring warrant—no occupier present\nmonitoring warrant; and\n(b) the inspector believes on reasonable grounds that no occupier is\npresent at the premises.\n(2) The inspector, and anyone authorised by the warrant to provide\n(3) However, only a police officer may use force against a person.\n\n","sortOrder":500},{"sectionNumber":"491","sectionType":"section","heading":"Entry under monitoring warrant—occupier present","content":"491 Entry under monitoring warrant—occupier present\nmonitoring warrant; and\n(b) an occupier is present at the premises.\n(a) show the inspector’s identity card to the occupier; and\n(b) give the occupier a copy of the monitoring warrant; and\n(c) tell the occupier that—\n(i) hindering the inspector may be an offence; and\n(ii) the inspector may use reasonable force to enter if entry is\nrefused.\n(3) The inspector, and anyone authorised by the warrant to provide\n(4) However, only a police officer may use force against a person.\n\nPart 13.7 Return and forfeiture of things\nseized\n","sortOrder":501},{"sectionNumber":"492","sectionType":"section","heading":"Receipt for thing seized","content":"492 Receipt for thing seized\n(1) As soon as practicable after an inspector seizes a thing under this\nchapter, the inspector must give a receipt for it to the person from\nwhom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe inspector must leave the receipt, secured conspicuously, at the\nplace of seizure under section 472 (Power to seize things on entry\nunder search warrant).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the inspector’s name, and how to contact the inspector;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":502},{"sectionNumber":"493","sectionType":"section","heading":"Moving thing to another place for examination or","content":"493 Moving thing to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is,\nor contains, something to which the warrant relates;\n\nReturn and forfeiture of things seized Part 13.7\n(ii) it is significantly more practicable to move the thing taking\ninto account the timeliness and cost of examining or\nprocessing the thing at another place and the availability of\nexpert assistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An inspector may apply to a magistrate for an extension of time if the\ninspector believes on reasonable grounds that the thing cannot be\nexamined or processed within 72 hours.\n(4) The inspector must give notice of the application to the occupier of\nthe premises, and the occupier is entitled to be heard on the\n(5) If a thing is moved to another place under this section, the inspector\nmust, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be\nundertaken; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this chapter relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":503},{"sectionNumber":"494","sectionType":"section","heading":"Action in relation to seized thing","content":"494 Action in relation to seized thing\n(1) An inspector who seizes a thing under section 472 (Power to seize\nthings on entry under search warrant) may—\n(a) remove the thing from the premises where it was seized to\nanother place; or\n(b) leave the thing at the premises but restrict access to it.\n\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (1) (b); and\n(b) the person does not have an inspector’s approval to interfere\nwith the thing.\n","sortOrder":504},{"sectionNumber":"495","sectionType":"section","heading":"Access to thing seized","content":"495 Access to thing seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this chapter may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n","sortOrder":505},{"sectionNumber":"496","sectionType":"section","heading":"Return of thing seized","content":"496 Return of thing seized\n(1) A thing seized under this chapter must be returned to its owner, or\nreasonable compensation must be paid by the Territory to the owner\nfor the loss of the thing, if—\n(a) an infringement notice for an offence relating to the thing is not\nserved on the owner within 1 year after the day of the seizure\nand—\n(i) a prosecution for an offence relating to the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence relating to the thing is begun\nwithin the 1-year period but the court does not find the\noffence proved; or\n\nReturn and forfeiture of things seized Part 13.7\n(b) an infringement notice for an offence relating to the thing is\nserved on the owner within 1 year after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence relating to the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence relating to the thing is so\nbegun but the court does not find the offence proved; or\n(c) an infringement notice for an offence relating to the thing is\nserved on the owner and not withdrawn within 1 year after the\nday of the seizure, liability for the offence is disputed in\naccordance with the Magistrates Court Act 1930, section 132\nand—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nnotice is given under that section that liability is disputed;\nor\n(ii) an information is laid in the Magistrates Court against the\nperson for the offence within the 60-day period, but the\nMagistrates Court does not find the offence proved.\n(2) If anything seized under this chapter is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the chief\nplanner directs.\n\n","sortOrder":506},{"sectionNumber":"497","sectionType":"section","heading":"Authority to keep public register","content":"497 Authority to keep public register\n(1) The territory planning authority must keep a register (the public\nregister).\n(2) The territory planning authority may keep the public register in any\nform the authority considers appropriate.\n","sortOrder":507},{"sectionNumber":"498","sectionType":"section","heading":"Contents of public register","content":"498 Contents of public register\n(1) The public register must contain the following:\n(a) if a person applies for a declaration under section 158\n(Declaration for development encroaching on adjoining land if\ndevelopment prohibited)—the decision on the declaration;\n(b) for each development application (unless withdrawn)—\n(i) the date the application was submitted; and\n(ii) the lessee’s name and, if a person is authorised to act on\ntheir behalf, that person’s name; and\n(iii) the location of the proposed development; and\n(iv) a summary by the territory planning authority of the\nproposed development; and\n(v) if the application was, or is being, publicly notified under\ndivision 7.5.4; and\n(vi) whether the application was amended under section 168;\nand\n\n(vii) if representations under section 180 (other than\nrepresentations that are withdrawn) have been made on the\nNote A person who makes a representation may apply to have the\nrepresentation excluded from the public register (see s 502).\n(viii) whether the Minister has decided to establish an inquiry\npanel to inquire about an EIS for the development proposal\nto which the application relates;\n(c) if a development application is decided under section 185—\n(i) the date the application was decided; and\n(ii) whether the application was approved, approved subject to\na condition or refused; and\n(iii) whether the decision on the application was reconsidered\nunder section 199; and\n(iv) for an approved application—whether the approval was\ncorrected under section 203 or amended under section 206;\nand\n(v) for a decision reviewed by the ACAT—whether the ACAT\nconfirmed or varied the decision;\n(d) the offsets register;\n(e) for each lease variation charge for a non-standard chargeable\nvariation—the amounts represented by V1 and V2 in section 332\nfor the charge;\n(f) for each reduction of an amount of a lease variation charge for a\nchargeable variation of a nominal rent lease under\nsection 338 (Reduction of lease variation charges)—\n(i) a description of the chargeable variation; and\n(ii) the lease variation charge; and\n\n(iii) the amount of the lease variation charge reduced;\n(g) for each deferral arrangement under section 343 (Approval to\ndefer payment of lease variation charges)—\n(i) the date the arrangement was entered into; and\n(ii) the amount of the lease variation charge deferred under the\narrangement at the date the arrangement was entered into;\n(h) for each controlled activity order while the order is in force—\n(i) the premises to which the order relates; and\n(ii) the directions in the order (see section 429 (3)); and\n(iii) the person to whom the order is directed;\n(i) for each direction under section 437 to undertake rectification\nwork while the direction is in force—\n(i) the premises where the work is to be undertaken; and\n(ii) the person directed to undertake the work;\n(j) for each prohibition notice given under section 452 while the\nnotice is in force—\n(i) the premises to which the notice relates; and\n(ii) the person to whom the notice is given.\n(2) The public register may contain any other information that the\nterritory planning authority considers appropriate.\n(3) However, the public register must not contain—\n(a) associated documents for development applications,\ndevelopment approvals or leases; or\n\n(b) the name of a complainant under section 414.\nNote Part of a document otherwise required to be included in the register may\nbe excluded under pt 14.2 (Restrictions on availability of information).\nA note about the exclusion is included in the register (see s 502 (6) or\ns 503 (3).\n","sortOrder":508},{"sectionNumber":"499","sectionType":"section","heading":"Inspection of public register and associated documents","content":"499 Inspection of public register and associated documents\n(1) The territory planning authority must ensure that the public register\nand associated documents are available for public inspection during\nbusiness hours.\n(2) The territory planning authority must allow people inspecting the\npublic register and associated documents to make copies of, or take\nextracts from, the register and associated documents.\n","sortOrder":509},{"sectionNumber":"500","sectionType":"section","heading":"Contents of public register on authority website","content":"500 Contents of public register on authority website\nThe territory planning authority must publish the following on the\nauthority website:\n(a) the information mentioned in section 498 (1) (a) to (d)—\nindefinitely;\n(b) the associated documents for a development application\nmentioned in section 501 (1) (a) and (k) (i)—for 5 years after\nthe day the development application is publicly notified under\ndivision 7.5.4;\n(c) the associated documents for a development application\nmentioned in section 501 (1) (h), (j) and (k) (ii)—for 5 years\nafter the day notice of the decision on the development\napplication is given under section 196.\n\n","sortOrder":510},{"sectionNumber":"501","sectionType":"section","heading":"Meaning of associated document—pt 14.1","content":"501 Meaning of associated document—pt 14.1\n(1) For this part, each of the following is an associated document for a\ndevelopment application (other than an application that is\nwithdrawn):\n(a) information and documents required to accompany an\napplication under the following provisions:\n(i) section 166 (2) (c);\n(ii) schedule 1, part 1.2, item 1;\n(iii) schedule 1, part 1.2, item 2;\n(iv) schedule 1, part 1.2, item 3;\n(v) schedule 1, part 1.2, item 4;\n(vi) schedule 1, part 1.2, item 5;\n(b) if the territory planning authority asks for more information\nunder section 167—the information given to the authority;\n(c) if the territory planning authority amends an application under\nsection 168—the information and documents submitted under\nsection 166 (2);\n(d) if the territory planning authority corrects an application under\nsection 169—the written notice of the correction;\n(e) an agreement mentioned in section 170 (2) (b);\n(f) if the territory planning authority refers an application to the\nconservator of flora and fauna under section 170 (1) (c)—the\nadvice of the conservator given under section 172;\n(g) if a representation is made under section 180 about an\napplication—the representation (other than a representation that\nis withdrawn);\nNote A person who makes a representation may apply to have the\nrepresentation excluded from the public register (see s 502).\n\n(h) the notice of the decision on an application given under\nsection 196;\n(i) if the applicant for an application that was refused makes a\nreconsideration application under section 198—any information\ngiven in the reconsideration application;\n(j) if the territory planning authority reconsiders a decision to\nrefuse to approve an application under section 199—the notice\nof the decision on the reconsideration given under section 201;\n(k) a plan, drawing or specification of a proposed building, structure\nor earthworks if the plan, drawing or specification—\n(i) is part of the application (whether as originally made or as\namended); or\n(ii) is approved as part of the approval of the application under\nsection 185; or\n(iii) is required to be prepared by the applicant under a\ncondition of an approval before the development, or a\nstated part of it, starts;\n(l) if an inquiry panel inquires about an EIS for the development\nproposal to which the application relates—the inquiry panel\nreport given to the Minister under section 134;\n(m) if the decision on the application is reviewed by the ACAT—the\nACAT decision.\n(2) For this part, each of the following is an associated document for a\ndevelopment approval:\n(a) if the approval-holder applies under section 198 for\nreconsideration of the decision to approve the development\nsubject to a condition—any information included in the\n\n(b) if the territory planning authority reconsiders the decision to\napprove the development subject to conditions—the notice of\nthe decision on the reconsideration given under section 201;\n(c) if the territory planning authority corrects the approval under\nsection 203—the notice about the correction;\n(d) if the approval-holder applies to amend the approval under\nsection 205—any information included in the application;\n(e) a plan, drawing or specification of a proposed building, structure\nor earthworks if the plan, drawing or specification is required to\nbe prepared by the applicant under a condition of an approval\nbefore the development, or a stated part of it, starts.\n(3) However, for this part, an associated document does not include—\n(a) a plan, drawing or specification of any residential part of a\nbuilding or proposed building, other than a plan, drawing or\nspecification that shows only the height and external\nconfiguration of the building or proposed building; or\n(b) information in relation to which an exclusion application has\nbeen approved under section 502 (Restrictions on information\nfor commercial or safety reasons); or\n(c) information that must not be made available to the public under\nsection 503 (Restrictions on information for security reasons).\n\nRestrictions on availability of information Part 14.2\n","sortOrder":511},{"sectionNumber":"Part 14","sectionType":"part","heading":"2 Restrictions on availability of","content":"Part 14.2 Restrictions on availability of\ninformation\n","sortOrder":512},{"sectionNumber":"502","sectionType":"section","heading":"Restrictions on information for commercial or safety","content":"502 Restrictions on information for commercial or safety\nreasons\n(1) This section applies to a document given to the territory planning\nauthority under this Act.\n1 a development application\n2 a representation about a development application\n3 a draft EIS\n(2) The person giving the document may apply in writing to the territory\nplanning authority for part of the document to be excluded from being\nmade available to the public.\n(3) The territory planning authority may approve or refuse to approve the\n(4) However, the territory planning authority may approve the\napplication only if satisfied that the part of the document to which the\napplication relates contains information—\n(a) the publication of which would disclose a trade secret; or\n(b) the publication of which would, or could reasonably be expected\nto—\n(i) endanger the life or physical safety of any person; or\n(ii) lead to damage to, or theft of, property.\n(5) If the territory planning authority approves an application in relation\nto part of the document, the part must not be made available to the\npublic.\n\nPart 14.2 Restrictions on availability of information\n(6) If part of the document is excluded from the copy of the document\nmade available to the public, the copy must include a statement to the\neffect that an unmentioned part of the document has been excluded to\nprotect the confidentiality of information included in the part.\n","sortOrder":513},{"sectionNumber":"503","sectionType":"section","heading":"Restrictions on information for security reasons","content":"503 Restrictions on information for security reasons\n(1) This section applies if the Minister responsible for the administration\nof justice, or the Commonwealth Attorney-General, certifies in\nwriting to the territory planning authority that the publication of part\nof a document (the relevant part) might—\n(a) jeopardise national security, including by jeopardising the\noperations of a security organisation; or\n(b) expose staff of a security organisation to risk of injury; or\n(c) expose the public to risk of injury; or\n(d) expose property to risk of damage.\n(2) The relevant part of the document must not be made available to the\npublic.\n(3) Each copy of the document made public must include a statement to\nthe effect that an unmentioned part of the document has been\nexcluded under this section.\nsecurity organisation means any of the following:\n(a) the Australian Federal Police;\n(b) the Australian Security Intelligence Organisation;\n(c) the Australian Secret Intelligence Service;\n(d) the police force or service of a State;\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\n\nRestrictions on availability of information Part 14.2\n(e) an entity established under a law of a State to conduct criminal\ninvestigations or inquiries;\n(f) any other entity prescribed by regulation.\n\n","sortOrder":514},{"sectionNumber":"Part 15","sectionType":"part","heading":"Notification and review of","content":"Chapter 15 Notification and review of\ndecisions\n","sortOrder":515},{"sectionNumber":"504","sectionType":"section","heading":"Definitions—ch 15","content":"504 Definitions—ch 15\ndecision-maker, for a reviewable decision, means—\n(a) for a decision of an entity that is required, as a condition of a\ndevelopment approval, to be satisfied in relation to the\nundertaking of the development or a stated stage of the\ndevelopment—the entity whose satisfaction is required; or\n(b) for a decision under section 337 (1) (b) (i) or (ii) (Non-standard\nchargeable variations—reconsideration)—the commissioner for\nrevenue; or\n(c) in any other case—the territory planning authority.\neligible entity, for a reviewable decision—\n(a) means an entity mentioned in schedule 5, part 5.2, column 3 for\nthe decision; and\n(b) in relation to a development application or development\napproval—\n(i) includes the lessee if the applicant is not the lessee; and\n(ii) includes the sublessee if the applicant is not the sublessee;\nbut\n(c) in relation to a matter mentioned in schedule 6, part 6.2 (Matters\nexempt from third party ACAT review)—means the applicant\nfor development approval for the matter.\ninterested entity, for a reviewable decision, means an entity\nmentioned in schedule 5, part 5.2, column 4 for the decision.\n\nNotification and review of decisions Chapter 15\nreviewable decision means a decision mentioned in schedule 5,\npart 5.2, column 2 made by a decision-maker.\n","sortOrder":516},{"sectionNumber":"505","sectionType":"section","heading":"Reviewable decision notices","content":"505 Reviewable decision notices\nIf a decision-maker makes a reviewable decision, the decision-maker\nmust give a reviewable decision notice to—\n(a) each eligible entity for the decision; and\n(b) each interested entity for the decision.\nNote The requirements for reviewable decision notices are prescribed under\nthe ACT Civil and Administrative Tribunal Act 2008.\n","sortOrder":517},{"sectionNumber":"506","sectionType":"section","heading":"Applications for review","content":"506 Applications for review\nAn eligible entity for a reviewable decision may apply to the ACAT\nfor review of the decision.\n","sortOrder":518},{"sectionNumber":"507","sectionType":"section","heading":"Applications for review by third parties","content":"507 Applications for review by third parties\n(1) This section applies to a reviewable decision in relation to a\ndevelopment application if the eligible entity for the decision is not\nthe applicant for the development application.\n(2) Despite the ACT Civil and Administrative Tribunal Act 2008,\nsection 10 (Making an application), an application for review must be\nmade not later than 20 working days after the day the entity was given\nnotice of the decision.\n(3) The ACT Civil and Administrative Tribunal Act 2008,\nsection 10 (3) (b), does not apply to the application for review.\n(4) The period for making the application for review may not be extended\nunder the ACT Civil and Administrative Tribunal Act 2008.\n\n","sortOrder":519},{"sectionNumber":"508","sectionType":"section","heading":"ACAT review—time for making application for deemed","content":"508 ACAT review—time for making application for deemed\ndecisions\n(1) This section applies to a reviewable decision under section 299\n(Decision about whether lease concessional).\n(2) The application for review must be made not later than 20 working\ndays after the 20 working-day period mentioned in section 299 (5).\n\n","sortOrder":520},{"sectionNumber":"509","sectionType":"section","heading":"Declaration of authority website","content":"509 Declaration of authority website\n(1) The Minister may declare a website to be the territory planning\nauthority website (the authority website).\n(2) A declaration is a notifiable instrument.\n","sortOrder":521},{"sectionNumber":"510","sectionType":"section","heading":"Custodianship map","content":"510 Custodianship map\n(1) The territory planning authority must create and maintain a map that\nidentifies, and reflects who has administrative responsibility for, land\nin the ACT that is unleased land, public land or both\n(the custodianship map).\n(2) The custodianship map may include anything else the territory\nplanning authority considers appropriate.\n","sortOrder":522},{"sectionNumber":"511","sectionType":"section","heading":"Damage etc to be minimised","content":"511 Damage etc to be minimised\n(1) In the exercise, or purported exercise, by an official of a function, the\nofficial must take all reasonable steps to ensure that the official, and\nany person assisting the official, causes as little inconvenience,\ndetriment and damage as practicable.\n(2) If an official, or person assisting an official, damages anything in the\nexercise or purported exercise of a function, the official must give\nwritten notice of the particulars of the damage to the person the\nofficial believes on reasonable grounds is the owner of the thing.\n(3) If the damage happens at premises entered under\nchapter 13 (Enforcement) in the absence of the occupier, the notice\nmay be given by leaving it secured conspicuously at the premises.\n\nfunction means—\n(a) for an authorised person—a function under\nchapter 12 (Development offences and controlled activities); or\n(b) for an inspector—a function under division 12.4.4 (Rectification\nwork orders) or chapter 13 (Enforcement).\nofficial means an authorised person or an inspector.\n","sortOrder":523},{"sectionNumber":"512","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"512 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function by an official or person assisting an official.\n(2) Compensation may be claimed and ordered—\n(a) in a proceeding for compensation brought in a court of\ncompetent jurisdiction; or\n(b) in a proceeding for an offence against this Act brought against\nthe person making the claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\nExamples—what may be prescribed\n1 compensation is not payable for actions of authorised people that are\nunavoidable, like demolishing an unlawful structure if the rectification notice\nrequires the demolition\n2 compensation is payable if the damage is reasonably avoidable, like the\naccidental breaking of a window\n\nfunction—see section 511 (4).\nofficial—see section 511 (4).\n","sortOrder":524},{"sectionNumber":"513","sectionType":"section","heading":"Enforcement actions unaffected by other approvals etc","content":"513 Enforcement actions unaffected by other approvals etc\n(1) To remove any doubt, the territory planning authority or an official is\nnot prevented from exercising a function in relation to a matter only\nbecause any of the following have been issued in relation to the\nmatter:\n(a) a development approval;\n(b) a certificate of compliance;\n(c) a certificate of occupancy.\nfunction—see section 511 (4).\nofficial—see section 511 (4).\n","sortOrder":525},{"sectionNumber":"514","sectionType":"section","heading":"Evidentiary certificates—offsets register","content":"514 Evidentiary certificates—offsets register\n(1) The territory planning authority may give a signed certificate—\n(a) stating that on a stated date, or during a stated period, a stated\narea of land was or was not the subject of an offset; and\n(b) if the land was the subject of an offset—including the details\nkept in the offsets register about the land.\n(2) A certificate under this section is evidence of the matters stated in it.\n(3) Unless the contrary is proved, a document that purports to be a\ncertificate under this section is taken to be a certificate.\n\n","sortOrder":526},{"sectionNumber":"515","sectionType":"section","heading":"Evidence of ending of lease","content":"515 Evidence of ending of lease\n(1) The territory planning authority may certify in writing that a lease\nmentioned in the certificate has ended.\n(2) The certificate is evidence of the matter it states.\n","sortOrder":527},{"sectionNumber":"516","sectionType":"section","heading":"Basic fences between leased and unleased land","content":"516 Basic fences between leased and unleased land\n(1) This section applies in relation to an open space boundary of a block\nif, whether before or after the commencement of this section, a\ndevelopment requirement in relation to the block requires the erection\nof a basic paling fence for the boundary.\n(2) The development requirement is taken to have been complied with\nfor the open space boundary if, instead of a basic paling fence, either\nof the following is erected:\n(a) a fence that is exempt from requiring development approval;\n(b) a fence in accordance with a notice under the Common\nBoundaries Act 1981, section 23 (Boundary between leased and\nunleased land).\nbasic paling fence means a fence that consists of not more than—\n(a) a support structure; and\n(b) timber palings only as the fence’s panelling; and\n(c) a capping rail.\nExamples—fences that are not basic paling fences\n1 a paling fence with a lattice extension or panelling\n2 a fence with brick piers separating paling panels\n\ndevelopment requirement, in relation to a block, means—\n(a) a condition in a lease for the block; or\n(b) a requirement of a development approval or a corresponding\napproval under a repealed territory law.\nopen space boundary means a boundary between leased and unleased\nland.\n","sortOrder":528},{"sectionNumber":"517","sectionType":"section","heading":"Rights to extract minerals","content":"517 Rights to extract minerals\n(1) The territory planning authority may, by a lease or licence, grant a\nperson the right to extract minerals from stated land.\n(2) The provisions of the lease or licence are the provisions agreed\nbetween the parties.\n(3) For the Personal Property Securities Act 2009 (Cwlth), section 10,\ndefinition of personal property, a right granted by licence under\nsubsection (1) is not personal property.\n","sortOrder":529},{"sectionNumber":"518","sectionType":"section","heading":"Use and disclosure of protected information","content":"518 Use and disclosure of protected information\n(1) An information holder commits an offence if—\n(a) the information holder uses information; and\n(b) the information is protected information about someone else;\nand\n(c) the information holder is reckless about whether the information\nis protected information about someone else.\n\n(2) An information holder commits an offence if—\n(a) the information holder does something that discloses\ninformation; and\n(b) the information is protected information about someone else;\nand\n(c) the information holder is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndisclosed to someone else.\n(3) Subsections (1) and (2) do not apply if the information holder uses or\ndiscloses protected information about someone else (the protected\nperson)—\n(a) under this Act or another law applying in the ACT; or\n(b) in relation to the exercise of a function, as an information holder,\nunder this Act or another law applying in the ACT; or\n(c) in a court proceeding; or\n(d) with the protected person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An information holder need not disclose protected information to a\ncourt, or produce a document containing protected information to a\ncourt, unless it is necessary to do so for this Act or another law\napplying in the ACT.\n\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndisclose includes communicate or publish.\ninformation means information, whether true or not, in any form and\nincludes an opinion and advice.\ninformation holder means—\n(a) a person who is or has been—\n(i) the chief planner; or\n(ii) a member of staff of the territory planning authority; or\n(b) anyone else who exercises or exercised a function under this\nAct.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, an information holder because of the\nexercise of a function under this Act by the information holder or\nsomeone else.\nuse, in relation to information, includes make a record of the\n","sortOrder":530},{"sectionNumber":"519","sectionType":"section","heading":"Ministerial guidelines","content":"519 Ministerial guidelines\n(1) The Minister may approve guidelines for the exercise of any power\nby the Minister under this Act.\n(2) The Minister may consider advice from the territory planning\nauthority before approving guidelines.\n(3) A guideline is a notifiable instrument.\n\n","sortOrder":531},{"sectionNumber":"520","sectionType":"section","heading":"Construction of outdated references","content":"520 Construction of outdated references\n(1) In any Act, instrument made under an Act or document, a reference\nto a repealed Act is, in relation to anything to which this Act applies,\na reference to this Act.\n(2) In any Act, instrument made under an Act or document, a reference\nto a provision of a repealed Act is, in relation to anything to which\nthis Act applies, a reference to the corresponding provision of this\nAct.\n(3) In any Act, instrument made under an Act or document, a reference\nto anything that is no longer applicable because of the repeal of the\nrepealed Act, and for which there is a corresponding thing under this\nAct, is taken to be a reference to the thing under this Act, if the context\nallows and if otherwise appropriate.\nrepealed Act means—\n(a) the Land (Planning and Environment) Act 1991 (repealed); or\n(b) the Planning and Development Act 2007 (repealed).\n","sortOrder":532},{"sectionNumber":"521","sectionType":"section","heading":"Expiry of University of NSW lease provisions","content":"521 Expiry of University of NSW lease provisions\n(1) This section applies if a lease of land mentioned in section 274 (2) (g)\nis not granted to the University of NSW by 26 November 2028.\n(2) This section and the following provisions expire on\n26 November 2028:\n(a) section 274 (2) (g) (Payment for leases generally);\n(b) section 280 (2) (b) (Restriction on transfer, assignment and\nparting with possession);\n(c) section 282 (Restriction on transfer, assignment and parting with\npossession—certain University of NSW leases);\n\n(d) section 283 (Approval to transfer, assign, or part with\npossession—certain University of NSW leases);\n(e) schedule 2, part 2.2, item 15;\n(f) schedule 5, part 5.2, item 10, column 2, everything after “direct\nsale”;\n(g) dictionary, definition of University of NSW.\n","sortOrder":533},{"sectionNumber":"522","sectionType":"section","heading":"Determination of fees","content":"522 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":534},{"sectionNumber":"523","sectionType":"section","heading":"Regulation-making power","content":"523 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) contents of a supporting report;\n(b) environmental impact statements prepared under part 6.3;\n(c) if this Act does not prescribe when a development approval\ntakes effect—when the development approval takes effect;\n(d) inquiry panels;\n(e) procedures for carrying out the territory planning authority’s\nfunctions under chapter 12 (Development offences and\ncontrolled activities) and chapter 13 (Enforcement).\nExamples—what may be prescribed for par (d)\n1 selection process for experts to be inquiry panel members\n2 establishment of a list of experts for inquiry panels\n3 appointment of chair for an inquiry panel\n4 procedures for dealing with absences or departures from inquiry panels\n5 procedures for running inquiry panels, including the quorum, holding of\nhearings, conflict of interest and decision-making\n\n(3) A regulation may make provision about a matter by applying,\nadopting or incorporating (with or without change) an instrument, or\na provision of an instrument, as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(4) The Legislation Act, section 47 (6) does not apply in relation to an\ninstrument applied, adopted or incorporated as in force from time to\ntime under a regulation.\n(5) A regulation may create offences and fix maximum penalties of not\nmore than 30 penalty units for the offences.\ninstrument includes an Australian Standard or an Australian/New\nZealand Standard.\n","sortOrder":535},{"sectionNumber":"524","sectionType":"section","heading":"Review of Act","content":"524 Review of Act\n(1) The Minister must, as soon as practicable 3 years after the day this\nsection commences—\n(a) review the operation and effectiveness of this Act; and\n(b) present a report of the review to the Legislative Assembly.\n(2) This section expires 6 years after the day it commences.\n\nTransitional—general Part 20.1\nNote This chapter, among other things, preserves the operation of certain parts\nof the legislative scheme enacted under the repealed Planning and\nDevelopment Act 2007. If a matter relating to the operation of the\nrepealed legislative scheme is not provided for in this chapter or another\nterritory law, the Legislation Act, s 84 applies. That provision provides\nthat the repeal of the Planning and Development Act 2007 does not affect\nthe previous operation of the repealed Act or anything done, begun or\nsuffered under the repealed Act and does not affect an existing right,\nprivilege or liability acquired, accrued or incurred under the repealed Act.\nUnless otherwise provided for in this chapter or another territory law, an\ninvestigation, proceeding or remedy in relation to an existing right,\nprivilege or liability under the repealed Act may be started, exercised,\ncontinued or completed, and the right, privilege or liability may be\nenforced and any penalty imposed, as if the repeal had not happened.\n","sortOrder":536},{"sectionNumber":"600","sectionType":"section","heading":"Definitions—ch 20","content":"600 Definitions—ch 20\ncommencement day means the day this Act, section 3 commences.\nrepealed Act means the Planning and Development Act 2007.\n","sortOrder":537},{"sectionNumber":"601","sectionType":"section","heading":"Transitional regulations","content":"601 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of this Act.\n(2) A regulation may modify this chapter (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this chapter.\n\n(3) A regulation under subsection (2) has effect despite anything\nelsewhere in this Act or another territory law.\nNote A transitional provision under s (1) continues to have effect after its\nrepeal, however, a modification under s (2) has no ongoing effect after its\nrepeal (see Legislation Act, s 88).\n","sortOrder":538},{"sectionNumber":"602","sectionType":"section","heading":"Expiry—ch 20","content":"602 Expiry—ch 20\nThis chapter (other than the following provisions and unless\notherwise stated for a particular provision) expires 3 years after the\ncommencement day:\n(a) chapter 20 heading, except note;\n(b) section 600 (Definitions—ch 20);\n(c) section 618 (1), (3) and (4) (Existing rights to use land etc not\naffected);\n(d) section 619 (Status of leases or licences in force before\ncommencement day);\n(e) section 620 (Continued application of certain repealed Acts and\nprovisions).\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nTransitional—strategic and spatial planning Part 20.2\n","sortOrder":539},{"sectionNumber":"Part 20","sectionType":"part","heading":"2 Transitional—strategic and","content":"Part 20.2 Transitional—strategic and\nspatial planning\n","sortOrder":540},{"sectionNumber":"603","sectionType":"section","heading":"Planning strategy","content":"603 Planning strategy\n(1) The planning strategy in schedule 1 of the Planning and Development\n(Planning Strategy) Notice 2018 (NI2018-665) is taken to be the\nplanning strategy under this Act, section 36.\n(2) The Planning and Development (Planning Strategy) Notice 2018\n(NI2018-665) is taken to be a notifiable instrument made under this\nAct, section 36 (4).\n","sortOrder":541},{"sectionNumber":"604","sectionType":"section","heading":"District strategy","content":"604 District strategy\nPublic consultation undertaken before the day section 38 commences\nis taken to be public consultation for section 38 (3).\n\nPart 20.4 Transitional—development\napplications and approvals\n","sortOrder":542},{"sectionNumber":"613","sectionType":"section","heading":"Development applications made before commencement","content":"613 Development applications made before commencement\nday\n(a) a person made a development application under the repealed\nAct, chapter 7 (Development approvals); and\n(b) the application has not been finally decided.\n(2) The repealed Act continues to apply in relation to the development\napplication despite its repeal.\n(3) However, the development application may be amended under the\nrepealed Act, section 144 only if the applicant asks for the amendment\nnot later than 6 months after the commencement day.\n(4) Also, the development application is taken to have been withdrawn if\nthe application was made under any of the following provisions of the\nrepealed Act:\n(a) section 137AA (Applications in anticipation of territory plan\nvariation—made before draft plan variation prepared);\n(b) section 137AB (Applications in anticipation of territory plan\nvariation—made after draft plan variation prepared);\n(c) section 137AD (Applications for development encroaching on\nadjoining territory land if development prohibited)—if the\napplication was accompanied by a proposed technical\namendment under the repealed Act, section 90B (Rezoning—\ndevelopment encroaching on adjoining territory land).\n\nTransitional—development applications and approvals Part 20.4\nfinalised means—\n(a) for a non-ACAT reviewable decision—\n(i) a decision on the reconsideration application has been\nmade under the repealed Act, section 193 (1) (b); or\n(ii) the original decision has been taken to be confirmed under\nthe repealed Act, section 194 (No action by authority\nwithin time); or\n(b) for a review by the ACAT—\n(i) the ACAT has made an order in relation to the decision\nunder the ACT Civil and Administrative Tribunal Act 2008,\nsection 68 (3) (Review of decisions); or\n(ii) the application for review has been withdrawn, dismissed\nor struck out.\nfinally decided—a development application under the repealed Act,\nchapter 7 is finally decided if—\n(a) the application is approved under the repealed Act, section 162\n(Deciding development applications); or\n(b) if the application is approved subject to a condition or is\nrefused—\n(i) the review period has ended and no application for review\nhas been made; or\n(ii) if an application for review has been made in the review\nperiod—the review has been finalised.\nnon-ACAT reviewable decision means a decision on a development\napplication mentioned in the repealed Act, section 175 (1) (b) (ii).\noriginal decision—see the repealed Act, section 191 (1) (a).\nreconsideration application—see the repealed Act, section 191 (3).\n\nreview means—\n(a) for a non-ACAT reviewable decision—reconsideration of a\ndecision in relation to the development application under the\nrepealed Act, division 7.3.10; and\n(b) in any other case—review by the ACAT.\nreview period means—\n(a) for a non-ACAT reviewable decision—the relevant period\nwithin which a reconsideration application must be made under\nthe repealed Act, section 191 (5); and\n(b) for a review by the ACAT—the relevant period within which an\napplication for review of a decision must be made under the ACT\nCivil and Administrative Tribunal Act 2008.\n","sortOrder":543},{"sectionNumber":"614","sectionType":"section","heading":"Development approvals under repealed Act","content":"614 Development approvals under repealed Act\n(a) before the commencement day, a person has been given a\ndevelopment approval under the repealed Act, chapter 7\n(Development approvals); or\n(b) the territory planning authority or the Minister approves a\ndevelopment application under the repealed Act, chapter 7 on or\nafter the commencement day because of section 613.\n(2) The development approval continues in force until the time when the\napproval would have ended under the repealed Act (including any\nperiod extended under the repealed Act, section 188 (2)).\n(3) The repealed Act, including the following provisions, continues to\napply in relation to the development approval despite its repeal:\n(a) if the development approval is subject to an offset condition—\nthe repealed Act, division 7.3.6A;\n\nTransitional—development applications and approvals Part 20.4\n(b) if the development approval relates to a development application\nfor a chargeable variation of a nominal rent lease—the repealed\nAct, division 9.6.3.\nNote Despite s (3), an application to amend the development approval under\nthe repealed Act may only be made within 6 months after the\ncommencement day. After the 6-month period, an application to amend\nthe development approval may only be made under this Act, s 205 as if\nthe development approval were given under this Act. If the development\napproval is amended in accordance with s 616 (2), the development\napproval is taken to have been given under this Act and this section no\nlonger applies to the development approval.\n","sortOrder":544},{"sectionNumber":"615","sectionType":"section","heading":"Applications to amend development approvals made","content":"615 Applications to amend development approvals made\nbefore commencement day\n(a) a person applies to amend a development approval under the\nrepealed Act, section 197 (Applications to amend development\napprovals); and\n(b) the decision-maker has not finally decided the application.\ndecision-maker—see the repealed Act, section 195A.\nfinally decided—see section 613 (5).\n\n","sortOrder":545},{"sectionNumber":"616","sectionType":"section","heading":"Applications to amend development approvals under","content":"616 Applications to amend development approvals under\nrepealed Act at least 6 months after commencement day\n(a) a person is given a development approval under the repealed\nAct, chapter 7 (Development approvals); and\n(b) the development proposal for which the approval is given\nchanges so that it is not covered by the development approval;\nand\n(c) at least 6 months has passed after the commencement day.\n(2) Despite section 614, an application to amend the development\napproval may only be made under this Act, section 205 as if the\ndevelopment approval were given under this Act.\n(3) If the decision-maker decides to amend the development approval\nunder this Act, section 206, the amended approval—\n(a) is taken to be an approval under this Act, chapter 7; and\n(b) ends when the approval would have ended under the repealed\nAct if the approval had not been amended.\n","sortOrder":546},{"sectionNumber":"617","sectionType":"section","heading":"Declarations for development encroaching on adjoining","content":"617 Declarations for development encroaching on adjoining\nterritory land before commencement day\nA declaration under the repealed Act, section 137AC (Declaration for\ndevelopment encroaching on adjoining territory land if development\nprohibited) as in force immediately before the commencement day is\ntaken to be a declaration under this Act, section 159.\n\nTransitional—existing rights to use land, buildings and structures Part 20.5\nPart 20.5 Transitional—existing rights to\nuse land, buildings and\nstructures\n","sortOrder":547},{"sectionNumber":"618","sectionType":"section","heading":"Existing rights to use land etc not affected","content":"618 Existing rights to use land etc not affected\n(a) a person had a right to use land, or a building or structure on the\nland, in a particular way; and\n(b) the person’s right to use the land, building or structure was\nauthorised by any of the following:\n(i) a lease granted or continued under the repealed Act;\n(ii) a preserved lease;\n(iii) a licence granted or continued under the repealed Act;\n(iv) a public unleased land permit under the Public Unleased\nLand Act 2013;\n(v) a sign approval or work approval under the Public\nUnleased Land Act 2013.\n(2) This section also applies if—\n(a) before the commencement day—\n(i) a person had a right to use land, or a building or structure\non the land in a particular way; and\n(ii) the person’s right to use the land, building or structure was\nauthorised by a lease (the old lease); and\n(iii) the old lease has expired; and\n(b) the person applies for the grant of a further lease in relation to\nthe old lease under section 289; and\n\nPart 20.5 Transitional—existing rights to use land, buildings and structures\n(c) section 289 applies to the person’s application because of\nsection 622.\n(3) The use of the land, building or structure in the way authorised is\nlawful, despite any other provision of this Act.\n(4) However, this section does not apply to a use of land, or a building or\nstructure on the land, if the use—\n(a) is an authorised use under part 7.2 (Exempt development); but\n(b) is an exception to section 147 (1) (Exempt development—\nauthorised use) because section 148 (Authorised use that is not\nexempt) applies in relation to the authorised use.\n\nPart 20.6 Transitional—leases and\nlicences\n","sortOrder":548},{"sectionNumber":"619","sectionType":"section","heading":"Status of leases or licences in force before","content":"619 Status of leases or licences in force before\n(1) This section applies to a lease or a licence—\n(a) granted or continued, or purported to have been granted or\ncontinued under the repealed Act; and\n(2) The lease or licence is taken to have been granted under this Act.\n","sortOrder":549},{"sectionNumber":"620","sectionType":"section","heading":"Continued application of certain repealed Acts and","content":"620 Continued application of certain repealed Acts and\n(1) This section applies to certain leases continued under section 619.\n(2) The Australian National University (Leases) Act 1967 (repealed)\ncontinues to apply in relation to a lease—\n(a) granted under, or continued in force by, that Act; and\n(3) The Church Lands Leases Act 1924 (repealed), sections 5, 6, 8 and 10\ncontinue to apply in relation to a lease—\n(a) granted under that Act; and\n(4) In a continuing CALA lease, a reference to improvements is a\nreference to improvements other than improvements by way of\nclearing, draining, grading, filling, excavating or levelling made by\nthe Territory or the Commonwealth or the cost of which the Territory\nor the Commonwealth has paid.\n\n(5) The following sections of the City Area Leases Act 1936 (repealed),\ncontinue to apply:\n(a) to the extent that the section relates to a variation of a continuing\nCALA lease in relation to which notice under that Act,\nsection 18A was given before the commencement day—\nsection 18B;\n(b) to the extent that the section relates to a continuing CALA lease\nin relation to which notice under the section was given before\nthe commencement day—section 22;\n(c) to the extent that the section relates to a continuing CALA lease\nmentioned in that Act, section 28A (1)—section 28A;\n(d) to the extent that the section relates to a continuing CALA lease\nmentioned in that Act, section 28DA (1)—section 28DA;\n(e) to the extent that the section relates to a sublease mentioned in\nthat Act, section 30A (2) and in force immediately before\n","sortOrder":550},{"sectionNumber":"2","sectionType":"section","heading":"April 1992—section 30A.","content":"2 April 1992—section 30A.\n(6) Despite the repeal of the Leases (Special Purposes) Act 1925\n(repealed), that Act, sections 5AC, 5AD, 5A and 5B continue to apply\nin relation to a lease—\n(a) granted under that Act, section 3 (2) as in force immediately\nbefore 11 May 1989; and\n(7) The Leases (Special Purposes) Act 1925 (repealed), section 5BA (6)\ncontinues to apply in relation to a lease—\n(a) granted under that Act; and\n\n(8) In this section:\ncontinuing CALA lease means a lease granted or continued, or\npurported to have been granted or continued, under the City Area\nLeases Act 1936 (repealed).\nM 621 Grants of leases commenced but not completed before\n(a) a pre-grant process has started in relation to the grant of a lease\nby auction, tender, ballot or direct sale under the repealed Act;\nand\n(b) a lease to which the pre-grant process relates has not been\ngranted under the repealed Act.\n(2) To the extent that the pre-grant process is necessary for, or relevant\nto, the grant of a lease under this Act, part 10.2, the process is taken\nto have been done under this Act.\npre-grant process includes—\n(a) the planning and land authority giving notice of an auction,\ntender, ballot or direct sale; and\n(b) a government entity entering into an agreement in relation to the\ngrant of a lease; and\na deed of agreement with a developer for the development of land\n(c) a community organisation applying for the grant of a lease by\ndirect sale.\n\nM 622 Applications for grant of further leases\n(1) Subsection (2) applies if, before the commencement day—\n(a) a person applied for the grant of a further lease under the\nrepealed Act, section 254 (Grant of further leases); and\n(b) the application has not been decided.\n(3) If a further lease is granted on the application, the lease is taken to be\na lease granted under this Act, section 289.\n(4) Subsection (5) applies if—\n(a) a lease expired not more than 6 months before the\ncommencement day; and\n(b) before the commencement day, the lessee had not applied to the\nplanning and land authority for the grant of a further lease of the\nland.\n(5) The lessee may apply to the territory planning authority under\nsection 289 for a further lease as if that section applied to the lease\nwhen it expired.\n","sortOrder":551},{"sectionNumber":"625","sectionType":"section","heading":"Applications for licences for unleased land made before","content":"625 Applications for licences for unleased land made before\n(a) a person applied for a licence under the repealed Act,\nsection 302 (Applications for licences for unleased land); and\n(b) the application has not been decided.\n\n(3) If a licence is granted on the application, the licence is taken to have\nbeen granted under this Act, section 378.\n\nPart 20.7 Transitional—building and development provisions—extension of time to\nPart 20.7 Transitional—building and\ndevelopment provisions—\nextension of time to complete\nworks\n","sortOrder":552},{"sectionNumber":"626","sectionType":"section","heading":"Extensions of time to complete works under repealed Act","content":"626 Extensions of time to complete works under repealed Act\n(a) the repealed Act, section 298B (1) applies to a lease; and\n(b) the time to complete works has been extended because of the\nrepealed Act, section 298B (2); and\n(c) the planning and land authority has not extended the time to\ncomplete the works to a stated time under the repealed Act,\nsection 298B (2) (a).\n(2) Section 374 is taken to apply to the lease from the time the building\nand development provision required the works to be completed and—\n(a) any required fee paid in relation to the lease is taken to be\npayment of the noncompliance fee; and\n(b) any reduction or waiver of the required fee under the repealed\nAct or the Financial Management Act 1996, section 131 (or an\napplication for a reduction or waiver) is taken to apply in relation\nto the noncompliance fee.\n(3) To remove any doubt, this Act, section 374 does not apply to a lease\nif the planning and land authority refused to extend the time to\ncomplete the works under the repealed Act, section 298B (2) (b).\n\nTransitional—building and development provisions—extension of time to\nPart 20.7\n","sortOrder":553},{"sectionNumber":"627","sectionType":"section","heading":"Extensions of time to complete works under repealed","content":"627 Extensions of time to complete works under repealed\nAct—extension to another stated time\n(a) the repealed Act, section 298B (1) applies to a lease; and\n(b) the planning and land authority has extended the time to\ncomplete the works to another stated time under the repealed\nAct, section 298B (2) (a).\n(2) Section 374 is taken to apply to the lease from the time the building\nand development provision required the works to be completed and—\n(a) any required fee paid in relation to the lease is taken to be\npayment of the noncompliance fee; and\n(b) any reduction or waiver of the required fee under the repealed\nAct or the Financial Management Act 1996, section 131 (or an\napplication for a reduction or waiver) is taken to apply in relation\nto the noncompliance fee; and\n(c) the stated time is taken to be the new compliance time.\n\nPart 20.8 Transitional—environmental significance opinions\nPart 20.8 Transitional—environmental\nsignificance opinions\n628 Applications for environmental significance opinion\nmade before commencement day\n(a) the proponent of a development proposal applied to the relevant\nagency for an environmental significance opinion under the\nrepealed Act, section 138AA (2) (Impact track proposals if not\nlikely to have significant adverse environmental impact); and\n(b) the application has not been decided under the repealed Act,\nsection 138AB (Deciding environmental significance opinion\napplications).\n","sortOrder":554},{"sectionNumber":"629","sectionType":"section","heading":"Environmental significance opinions given under","content":"629 Environmental significance opinions given under\nrepealed Act\n(a) a relevant agency gives an environmental significance opinion\nunder the repealed Act, section 138AB (4) (a) or (b); and\n(b) the opinion has not expired under the repealed Act,\nsection 138AD (6).\n(2) This section also applies to an environmental significance opinion\ngiven under the repealed Act, on or after the commencement day,\nbecause of section 628.\n\nTransitional—environmental significance opinions Part 20.8\n(3) The environmental significance opinion—\n(a) is taken to be an opinion given under this Act, section 140 (4) (a)\nor (b); and\n(b) expires 18 months after the day a notice including the text of the\nopinion was notified under the repealed Act.\n\nPart 20.9 Transitional—design review panel\nPart 20.9 Transitional—design review\npanel\n630 Consultation with design review panel before\n(a) a proponent for a prescribed development proposal consults with\nthe design review panel under the repealed Act, section 138AL\n(Consultation with design review panel); and\n(b) a development application has not been made in relation to the\n(2) The proponent is, on the commencement day, taken to have consulted\nwith the design review panel under this Act, section 100.\n","sortOrder":555},{"sectionNumber":"631","sectionType":"section","heading":"Design review panel consideration before","content":"631 Design review panel consideration before\n(a) the design review panel takes action in relation to a development\nproposal under the repealed Act, section 138AM (2) (b) (Design\nreview panel may provide design advice); and\n(b) a development application has not been made in relation to the\n(2) The action is taken to have been done under this Act,\nsection 101 (2) (b).\n(3) Despite this Act, section 101 (3), if design advice is provided under\nthe repealed Act and the proponent does not lodge a development\napplication for the development proposal within 18 months after the\ndesign advice is provided under the repealed Act, the design advice\nexpires.\n\nTransitional—environmental impact statements Part 20.10\nPart 20.10 Transitional—environmental\nimpact statements\n","sortOrder":556},{"sectionNumber":"632","sectionType":"section","heading":"Applications for EIS exemption made before","content":"632 Applications for EIS exemption made before\n(a) the proponent of a development proposal applied to the Minister\nfor an EIS exemption for the proposal under the repealed Act,\nsection 211B (2); and\n(b) the application has not been decided under the repealed Act,\nsection 211H (EIS exemption—decision).\n","sortOrder":557},{"sectionNumber":"633","sectionType":"section","heading":"EIS exemptions granted under repealed Act","content":"633 EIS exemptions granted under repealed Act\n(a) an EIS exemption is granted under the repealed Act,\nsection 211H in relation to a development proposal; and\n(b) the EIS exemption has not expired under the repealed Act,\nsection 211I; and\n(c) a development application has not been made in relation to the\n(2) This section also applies to an EIS exemption granted under the\nrepealed Act, on or after the commencement day, because of\nsection 632.\n(3) The EIS exemption—\n(a) is taken to be an EIS finalised under this Act, section 128; and\n(b) despite this Act, section 131, expires on the relevant day.\n\nPart 20.10 Transitional—environmental impact statements\nnotified means notified under the repealed Act, section 211H.\nrecent study—see the repealed Act, section 211A.\nrelevant day, for an EIS exemption granted under the repealed Act,\nsection 211H, means—\n(a) if the recent study relevant to the EIS exemption is an\nenvironmental impact statement prepared under the EPBC Act,\npart 8 (Assessing impacts of controlled actions) and approval of\naction in relation to the development was given under that Act,\npart 9 (Approval of actions)—when the approval expires, or\n5 years after the day the exemption is notified, whichever\nhappens later; or\n(b) if the recent study relevant to the EIS exemption is an endorsed\npolicy, plan or program under the EPBC Act, part 10 (Strategic\nassessments) and approval of action in relation to the\ndevelopment was given under that Act, part 10—when the\napproval expires, or 5 years after the day the exemption is\nnotified, whichever happens later; or\n(c) in any other case—\n(i) 5 years after the day the EIS exemption was notified; or\n(ii) if a later day is prescribed by regulation under the repealed\nAct, section 211I—the later day.\n","sortOrder":558},{"sectionNumber":"634","sectionType":"section","heading":"EIS completed under repealed Act","content":"634 EIS completed under repealed Act\n(a) an EIS is completed under the repealed Act, section 209; and\n(b) the EIS has not expired under the repealed Act, section 227A.\n\nTransitional—environmental impact statements Part 20.10\n(2) The EIS—\n(a) is taken to be an EIS finalised under this Act, section 128; and\n(b) despite this Act, section 131, expires 5 years after the day it is\ncompleted under the repealed Act.\n","sortOrder":559},{"sectionNumber":"635","sectionType":"section","heading":"Public health-related EIS completed under repealed Act","content":"635 Public health-related EIS completed under repealed Act\n(a) a s 125-related EIS is completed under the repealed Act,\nsection 209A; and\n(b) the EIS has not expired under the repealed Act, section 227A.\n(2) The s 125-related EIS—\n(a) is taken to be a public health EIS finalised under this Act,\nsection 129; and\n(b) despite this Act, section 131, expires 5 years after the day it is\ncompleted under the repealed Act.\n","sortOrder":560},{"sectionNumber":"636","sectionType":"section","heading":"EIS processes commenced but not completed before","content":"636 EIS processes commenced but not completed before\n(a) the proponent of a development proposal applied to the planning\nand land authority under the repealed Act, section 212; and\n(b) an EIS or s 125-related EIS has not been completed in relation\nto the development proposal.\n(2) The repealed Act, chapter 8 (other than division 8.2.1) continues to\napply in relation to the development proposal despite its repeal.\n\nPart 20.11 Transitional—rent variations and relief from provisions of leases\nPart 20.11 Transitional—rent variations and\nrelief from provisions of leases\n637 Reduction of rent and relief from provisions of lease\napproved before commencement day\nAn approval under the repealed Act, section 269 (1) (Reduction of\nrent and relief from provisions of lease) as in force immediately\nbefore the commencement day is taken to be an approval under this\nAct, section 316.\n\nTransitional—land management agreements Part 20.12\nPart 20.12 Transitional—land management\nagreements\n","sortOrder":561},{"sectionNumber":"639","sectionType":"section","heading":"Land management agreements entered into before","content":"639 Land management agreements entered into before\nA land management agreement under the repealed Act, section 283\nas in force immediately before the commencement day is taken to be\na land management agreement entered into under this Act,\nsection 350.\n\nPart 20.13 Transitional—land management plans\nPart 20.13 Transitional—land management\nplans\n640 Land management plans\nEach of the following instruments is taken to be a disallowable\ninstrument made under this Act, section 395 (2):\n(a) Land (Planning and Environment) (Plan of Management for\nUrban Open Space and Public Access Sportsgrounds in the\nGungahlin Region) Approval 2007 (DI2007-298);\n(b) Land (Planning and Environment) Plans of Management\nApproval 2000 (DI2000-143);\n(c) Planning and Development (Albert Hall) Land Management\nPlan 2016 (DI2016-78);\n(d) Planning and Development (Canberra Urban Lakes and Ponds)\nLand Management Plan 2022 (DI2022-10);\n(e) Urban Services (Plans of Management) Approval 1998\n(DI1998-242).\n","sortOrder":562},{"sectionNumber":"641","sectionType":"section","heading":"Draft land management plans","content":"641 Draft land management plans\n(a) a draft land management plan is prepared in accordance with the\nrepealed Act, section 321; and\n(b) a public consultation notice about the draft plan has not been\nnotified under the repealed Act, section 323.\n(2) The draft land management plan is taken to have been prepared in\naccordance with this Act, section 389.\n\nTransitional—controlled activities Part 20.14\nPart 20.14 Transitional—controlled\n","sortOrder":563},{"sectionNumber":"642","sectionType":"section","heading":"Controlled activities—construction without development","content":"642 Controlled activities—construction without development\nA reference in schedule 4 (Controlled activities), item 4, column 2 to\nhaving a building or structure constructed without development\napproval required by this Act includes a reference to having a\nbuilding or structure constructed without approval required by any of\n(a) the Planning and Development Act 2007 (repealed), chapter 7\n(Development approvals) as in force at any time;\n(b) the Land (Planning and Environment) Act 1991 (repealed),\ndivision 6.2 (Approvals) as in force at any time;\n(c) the Buildings (Design and Siting) Act 1964 (repealed) as in force\nat any time.\n\n","sortOrder":564},{"sectionNumber":"643","sectionType":"section","heading":"Applications for review not finally decided","content":"643 Applications for review not finally decided\n(a) an application was made to the ACAT for review of a reviewable\ndecision (other than a decision in relation to a development\napplication) under the repealed Act; and\n(b) the application has not been finally decided.\nreviewable decision—see the repealed Act, section 407.\n\nTransitional—administrative Part 20.16\n","sortOrder":565},{"sectionNumber":"644","sectionType":"section","heading":"Chief planning executive","content":"644 Chief planning executive\n(1) This section applies to a person—\n(a) appointed as the chief planning executive under the repealed\nAct, section 21; and\n(b) who was the chief planning executive immediately before the\ncommencement day.\n(2) The person is taken to be appointed as the chief planner under this\nAct, section 26 and the appointment continues in force until the end\nof the term of the appointment under the repealed Act unless ended\nearlier.\n(3) The Planning and Development (Chief Planning Executive)\nAppointment 2021 (NI2021-170) is taken to be a notifiable instrument\nmade under this Act, section 26 (4).\n","sortOrder":566},{"sectionNumber":"645","sectionType":"section","heading":"Acting chief planning executive","content":"645 Acting chief planning executive\n(1) This section applies to a person—\n(a) appointed as the acting chief planning executive under the\nrepealed Act, section 21; and\n(b) who was the acting chief planning executive immediately before\nthe commencement day.\n(2) The person is taken to be appointed as the acting chief planner under\nthis Act, section 26 and the appointment continues in force until the\nend of the term of the appointment under the repealed Act unless\nended earlier.\n(3) The Planning and Development (Acting Chief Planning Executive)\nAppointment 2022 (NI2022-190) is taken to be a notifiable instrument\nmade under this Act, section 26 (4).\n\n","sortOrder":567},{"sectionNumber":"646","sectionType":"section","heading":"Inspectors appointed before commencement day","content":"646 Inspectors appointed before commencement day\n(1) This section applies to a public servant—\n(a) appointed as an inspector under the repealed Act, section 387;\nand\n(b) who was an inspector immediately before the commencement\nday.\n(2) The public servant is taken to have been appointed as an inspector\nunder this Act, section 460 and the appointment continues in force\nuntil the end of the term of the appointment under the repealed Act\nunless ended earlier.\n(3) The Planning and Development (Inspectors) Appointment 2022\n(No 1) (NI2022-200) is taken to have been made under this Act,\nsection 460.\n\nTransitional—exempt development Part 20.17\nPart 20.17 Transitional—exempt\ndevelopment\n","sortOrder":568},{"sectionNumber":"647","sectionType":"section","heading":"Guidelines for essential work at affected residential","content":"647 Guidelines for essential work at affected residential\npremises\n(1) This section applies if a regulation (a new regulation) is made under\nthis Act, section 145 (1) (b) substantially equivalent to the Planning\nand Development Regulation 2008 (repealed), schedule 1,\nsection 1.17A.\n(2) The guidelines in schedule 1 of the Planning and Development\n(Essential Works at Affected Residential Premises) Guidelines 2020\n(No 2) (NI2020-476) are taken to be guidelines for the new regulation.\n(3) The Planning and Development (Essential Works at Affected\nResidential Premises) Guidelines 2020 (No 2) (NI2020-476) is taken\nto be a notifiable instrument made under the new regulation.\n\nSchedule 1 Information and documents for certain development applications\nPart 1.1 Preliminary\nSection 1.1\nSchedule 1 Information and documents for\ncertain development\n(see s 166 (2) (d))\n","sortOrder":569},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Preliminary","content":"Part 1.1 Preliminary\n1.1 Definitions—sch 1\nexpected greenhouse gas emissions statement, for a development,\nmeans written information stating the annual amount of expected\ngreenhouse gas emissions from operating the development.\ngreenhouse gas emissions—see the Climate Change and\nGreenhouse Gas Reduction Act 2010, dictionary.\n\nInformation and documents for certain development applications Schedule 1\nInformation and documents for certain development applications Part 1.2\nPart 1.2 Information and documents for\ncertain development applications\nitem\ntype of development application\nrequired information or documents\n1 application for a development proposal\nin relation to which design advice is\ngiven\nthe design advice and the proponent’s\nresponse to the design advice\n2 application for a development proposal\nin relation to which a design guide\napplies\nthe proponent’s response to the design\nguide\n3 application for a development proposal\nin relation to which an environmental\nsignificance opinion has been given\nthe environmental significance opinion\nfor the proposal\n4 application for a development proposal\nin relation to which an EIS is required\nthe finalised EIS for the proposal\n5 application made under s 157\n(Applications in anticipation of major\nplan amendment)\nthe draft major plan amendment\n6 application made under s 159\n(Applications for development\nencroaching on adjoining land if\ndevelopment prohibited)\nthe declaration under s 158 (4) and the\nproposed technical amendment\n7 application for a development proposal\nin relation to which a guideline\nrequires survey information\nthe information required by the\nguideline\n8 application for development to which\ns 215 (Development applications for\ndevelopment undertaken without\napproval) applies\na plan of the development prepared by\na registered surveyor that sets out the\ndimensions of the development\n9 application for the subdivision of a\nunits plan under the Unit Titles\nAct 2001, s 165B (Subdivision of units\nplan—application)\nthe resolution of the owners\ncorporation under the Unit Titles\nAct 2001, s 160 (3) to cancel the units\nplan\n\n","sortOrder":570},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Information and documents for certain development applications","content":"Schedule 1 Information and documents for certain development applications\nPart 1.2 Information and documents for certain development applications\nitem\ntype of development application\nrequired information or documents\n10 application to which s 309\n(Development application to remove\nconcessional status of lease) applies\nan assessment of the social, cultural\nand economic impacts of the proposed\nvariation and a statement about any\nother proposed development (including\nany further proposed lease variation\nand design and siting elements)\n11 application for approval of a\nnon-standard chargeable variation of a\nnominal rent lease\na valuation by an accredited valuer that\nworks out the amounts represented by\nV1 and V2 in s 332\n12 application for a proposed\ndevelopment if the annual amount of\nthe expected greenhouse gas emissions\nfrom operating the proposed\ndevelopment is more than the amount\nprescribed by regulation\nan expected greenhouse gas emissions\nstatement for the development\n13 application for a proposed\ndevelopment in relation to which a\ndevelopment agreement applies\nwritten endorsement from the Territory\nor a government entity that the\nproposal is consistent with the lessee’s\nobligations under the agreement\n\nPreliminary Part 2.1\nSection 2.1\n","sortOrder":571},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Market value leases and leases","content":"Schedule 2 Market value leases and leases\nthat are possibly concessional\n(see s 259, def market value lease, par (b) and s 260 (1) (c))\nPart 2.1 Preliminary\n2.1 Definitions—sch 2\nincorporated association means an association incorporated under\nthe Associations Incorporation Act 1991 or a law of another\njurisdiction corresponding, or substantially corresponding, to that\nAct.\nrental lease—see section 256.\nresidential lease—see section 256.\nrural lease—see section 256.\n\nitem\n1 a consolidated or subdivided lease or a further or regranted lease, other than a\nlease mentioned in s 258 (1)\n2 a rural lease\n3 a lease over land that, immediately before the grant of the lease, was owned,\ncontrolled or held by the housing commissioner under the Housing Assistance\nAct 2007\n4 a lease granted to the Territory or a territory entity\n5 a residential lease\n6 a rental lease granted for commercial purposes after 1 January 1974 if the rent\nwas paid out—\n(a) in accordance with a law in force in the Territory; or\n(b) by agreement between the Commonwealth or the Territory and the\nExamples—commercial purposes\n1 industrial\n2 business\n7 a lease (the individual lease) granted for no consideration if—\n(a) the individual lease is granted following the subdivision of a lease (the\nhead lease) held by the person to whom the individual lease is\ngranted; and\n(b) the person has provided infrastructure on the land leased under the\nhead lease\n8 a lease granted under the City Area Leases Act 1936—\n(a) before 1 January 1971; and\n(b) to which that Act, s 18 (Rent) applies; and\n(c) that does not state, in the lease or a memorial to the lease, that the\nlease is subject to a restriction on dealing with the lease\n\nMarket value leases Part 2.2\nitem\n9 a lease that includes a statement, in the lease or a memorial to the lease, to the\neffect that the lease is a market value lease\n10 a lease granted to an entity, other than the Territory or a territory entity, if—\n(a) the lease states that the lease commenced, or is taken to have\ncommenced, on a day (the lease commencement day) earlier than the\nday the lease was granted; and\n(b) the land described in the lease was occupied by the Territory or a\nterritory entity on the lease commencement day\n11 a lease granted to the Commonwealth or a Commonwealth entity\n12 a lease granted to an entity, other than the Commonwealth or a Commonwealth\nentity, if—\n(a) the lease states that the lease commenced, or is taken to have\ncommenced, on a day (the lease commencement day) earlier than the\nday the lease was granted; and\n(b) the land described in the lease was occupied by the Commonwealth or\na Commonwealth entity on the lease commencement day\n13 a lease granted under the City Area Leases Act 1936 if, on 1 July 2009—\n(a) the lessee of the lease is the holder of a club licence under the Liquor\nAct 1975; and\n(b) at least 75% of the area of the land comprising the lease is located in 1\nor both of the following:\n(i) a commercial zone under the territory plan;\n(ii) a designated area under the Australian Capital Territory\n(Planning and Land Management) Act 1988 (Cwlth); and\n30% of land described in a lease is located in a commercial zone and\n50% of land is located in a designated area\n(c) the lease does not state that there is a restriction on dealing with the\n(d) the lease authorises the land described in the lease to be used for\nboth—\n(i) a licensed club under the Liquor Act 1975; and\n\nitem\n(ii) a commercial purpose unrelated to the club\nExamples—commercial purpose\n1 a shop under the territory plan\n2 a non-retail commercial use under the territory plan\n3 a commercial accommodation use under the territory plan\n14 a lease granted to the Australian National University established under the\nAustralian National University Act 1991 (Cwlth)\n15 a lease granted to the University of NSW\n16 a lease granted under the Land (Planning and Environment) Act 1991\n(repealed), s 164 (Special leases)\n17 a lease granted under the City Area Leases Act 1936 for commercial purposes\n18 a lease granted after 30 March 2008 other than a lease—\n(a) that states, in the lease or a memorial to the lease, that the lease is a\nconcessional lease; or\n(b) that satisfies the requirements under section 260 (1)\nNote Certain leases granted after 30 March 2008 under the Land (Planning\nand Environment) Act 1991 (repealed) are possibly concessional (see\ns 260)\n19 a lease granted before 31 March 2008 if—\n(a) the lease was granted for a consideration less than the full market\nvalue of the lease, or for no consideration; but\n(b) 1 of the following payments was made to the Territory, a territory\nentity, the Commonwealth, a Commonwealth entity or the entity that\noriginally granted the lease:\n(i) an amount in relation to the grant of the lease that was equal\nto the lease’s market value at the time of payment or, if the\namount was paid in parts, at the time of the last payment;\n(ii) an amount to reduce the rent payable under the lease to a\nnominal rent under the Land (Planning and Environment)\nAct 1991 (repealed), s 186 (Variation of lease to pay out rent)\n\nMarket value leases Part 2.2\nitem\n20 a lease granted before 1 July 2007 if—\n(a) the lessee applied in writing to the territory planning authority or the\nMinister to remove the concessional status of the lease; and\n(b) the territory planning authority or the Minister—\n(i) approved the application in writing before 31 March 2008,\nsubject to payment of an amount (the application amount),\ndecided by the territory planning authority or the Minister,\nequal to the lease’s market value; and\n(ii) decided the application amount in writing, after 1 July 2007\nand before 31 March 2008; and\n(c) the lessee did not pay the application amount before 31 March 2008;\nand\n(d) the lessee pays the application amount within 6 months after the\ncommencement of this schedule\n21 a lease prescribed by regulation\n\nPart 2.3 Possibly concessional leases\nPart 2.3 Possibly concessional leases\nNote A lease is not possibly concessional if the lease states that the lease is\nconcessional or the lease is mentioned in pt 3.2 (see s 260).\nitem\n1 a lease granted to a property trust or other corporation established by or in\nrelation to a religious organisation that may hold property in accordance with\nan Act\n2 a lease granted under the Leases (Special Purposes) Act 1925\n3 a lease that states, in the lease or a memorial to the lease, that the Land\n(Planning and Environment) Act 1991 (repealed), s 167 applies to the lease\n4 a lease that states, in the lease or a memorial to the lease, that the lease is\nsubject to a restriction on dealing with the lease\n5 a lease that was granted under the Leases Act 1918\n6 a lease that states, in the lease or a memorial to the lease, that the lease is\nsubject to a requirement that 1 or more stated uses of the land may only be\nexercised by the lessee\n7 a lease granted to an incorporated association if—\n(a) the incorporated association is still the lessee; and\n(b) the lease states that the lease is subject to a requirement that the\nincorporated association occupy a minimum area of land\n8 a lease—\n(a) granted to a club, whether or not the club is still the lessee; or\n(b) that authorises the land described in the lease to be used for a club\n9 a lease granted to a community organisation that states that the lease was\ngranted under the Land (Planning and Environment) Act 1991 (repealed),\ns 163, whether or not the community organisation is still the lessee\n\nPossibly concessional leases Part 2.3\nitem\n10 a lease granted to an incorporated association or community organisation over\na unit in a units plan under the Unit Titles Act 2001 if—\n(a) the lease (the original lease) that ended on registration of the units\nplan was granted to the incorporated association or community\norganisation; and\n(b) the incorporated association or community organisation occupies the\nunit—\n(i) for its own purposes; and\n(ii) in accordance with a condition in the original lease\nNote On registration of a units plan, the lease of the parcel of land over\nwhich the units plan is registered ends (see Unit Titles Act 2001, s 33)\n11 a lease, other than a rural lease, granted for a term less than 99 years\n\nSchedule 3 Management objectives for public land\nPart 3.1 Preliminary\nSection 3.1\nSchedule 3 Management objectives for\npublic land\n(see s 387 (1) (a))\nPart 3.1 Preliminary\n3.1 Definitions—sch 3\nAboriginal object—see the Heritage Act 2004, section 9 (1).\nAboriginal place––see the Heritage Act 2004, section 9 (1).\nnatural environment means all biological, physical and visual\nelements of the earth and its atmosphere, whether natural or modified.\n\nManagement objectives for public land Schedule 3\nManagement objectives for areas of public land Part 3.2\nPart 3.2 Management objectives for areas\nof public land\nitem\nreserve purpose\nmanagement objectives\n1 wilderness area (a) to conserve the natural\nenvironment in a manner\nensuring that disturbance to that\nenvironment is minimal\n(b) to provide for the use of the area\n(other than by vehicles or other\nmechanised equipment) for\nrecreation by limited numbers\nof people, so as to ensure that\nopportunities for solitude are\nprovided\n2 national park (a) to conserve the natural\nand research\n3 nature reserve (a) to conserve the natural\nand research\n4 special purpose reserve to provide for public and community use\nof the area for recreation and education\n5 urban open space (a) to provide for public and\ncommunity use of the area\n(b) to develop the area for public\nand community use\n6 cemetery or burial ground to provide for the interment or cremation\nof human remains and the interment of\nthe ashes of human remains\n\n","sortOrder":572},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Management objectives for public land","content":"Schedule 3 Management objectives for public land\nPart 3.2 Management objectives for areas of public land\nitem\nreserve purpose\nmanagement objectives\n7 protection of water supply (a) to protect existing and future\ndomestic water supply\n(b) to conserve the natural\n(c) to provide for public use of the\narea for education, research and\nlow-impact recreation\n8 lake (a) to prevent and control floods by\nproviding a reservoir to receive\nflows from rivers, creeks and\nurban run-offs\n(b) to prevent and control pollution\nof waterways\n(c) to provide for public use of the\nlake for recreation\n(d) to provide a habitat for fauna\nand flora\n9 sport and recreation reserve to provide for public and community use\nof the area for sport and recreation\n10 heritage area (a) to conserve natural and cultural\nheritage places and objects,\nincluding Aboriginal places and\nobjects\nand research as appropriate, and\nhaving proper regard to natural\nand cultural values\n\nControlled activities Schedule 4\n","sortOrder":573},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Controlled activities","content":"Schedule 4 Controlled activities\n(see s 412 and s 432)\nitem\npenalty\n1 failing to comply with—\n(a) a provision of a lease, other than—\n(i) a building and development provision\nrequiring works to be commenced within a\nstated time; or\n(ii) a building and development provision\nrequiring works to be completed within a\nstated time if—\n(A) a new compliance time is notified\nunder s 375; and\n(B) the noncompliance fee has been paid;\nand\n(C) the new compliance time has not\nended; or\n(b) if a lease is granted subject to the lessee entering into\na development agreement and the lessee has entered\ninto such an agreement—the development\nagreement\n2 failing to keep a leasehold clean\nNote Failure to keep a leasehold clean may also be an\namenity impact under the Litter Act 2004.\n3 undertaking a development for which development approval\nis required—\n(a) without development approval; or\n(b) other than in accordance with the development\n4 having a building or other structure constructed without\ndevelopment approval required by this Act\n\nSchedule 4 Controlled activities\nitem\npenalty\n5 failing to take reasonable steps to implement an offset\nmanagement plan as required under s 250\n6 using unleased land in a way that is not authorised by—\n(a) a licence under this Act; or\n(b) a sign approval or work approval under the Public\nUnleased Land Act 2013; or\n(c) a public unleased land permit under the Public\nUnleased Land Act 2013\n7 managing land held under a rural lease other than in\naccordance with—\n(a) if an offset management plan is in force for the\n(i) the offset management plan; and\n(ii) to the extent that the land management\nagreement for the land is not inconsistent\nwith the offset management plan—the land\nmanagement agreement; or\n(b) in any other case—the land management agreement\nfor the land\n8 failing to enter into a land management agreement as\nrequired under s 353\n9 undertaking prohibited development, other than in\naccordance with a development approval allowed under\ndiv 7.3.1\n10 failing to use land for a continuous period of at least 1 year\nfor the purpose for which the lease over the land is granted\n\nPreliminary Part 5.1\nSection 5.1\n","sortOrder":574},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Reviewable decisions, eligible","content":"Schedule 5 Reviewable decisions, eligible\nentities and interested entities\n(see s 504)\nPart 5.1 Preliminary\n5.1 Meaning of material detriment—sch 5\nmaterial detriment—\n(a) means detriment suffered by an entity because of a decision if—\n(i) the decision has, or is likely to have, an adverse impact on\nthe entity’s use or enjoyment of land; or\n(ii) for an entity that has objects or purposes—the decision\nrelates to a matter included in the entity’s objects or\npurposes; but\n(b) does not include detriment suffered by an entity only because of\na decision that increases, or is likely to increase, direct or\nindirect competition with the entity’s business, business partner,\nclose friend or family member.\n\nPart 5.2 Reviewable decisions, eligible entities and interested\nentities\nitem\n1 decision under s 185 to approve (with or\nwithout conditions) or refuse a development\napplicant for development\nentity that made representation under\ns 180 about the application\n2 decision under s 185 to approve (with or\nwithout conditions) a development application,\nunless the development application is exempted\nfrom a public notification requirement by\nregulation under s 175 (3) (b)\ns 180 about the\napplicant for development approval\n\nitem\n(b) the approval of the\napplication may cause\nthe entity to suffer\nmaterial detriment\n3 decision of entity mentioned in s 187 (2) (a)\nthat is required to be satisfied in relation to\nundertaking development or stage of\ndevelopment\napproval-holder territory planning authority\n4 decision to refuse to endorse a plan, drawing,\nspecification or other document mentioned\ns 187 (2) (o), or decision under s 187 (4) to\nrefuse to endorse a change to an endorsed plan,\ndrawing, specification or other document\napproval-holder entity that made representation under\ns 180 about the application for\n5 decision under s 199 (1) (b) on reconsideration applicant for reconsideration entity that made representation under\ns 180 about the original application\n\nitem\n6 decision under s 199 (1) (b) to approve (with or\nwithout conditions) a development application\non reconsideration, unless the development\napplication to which the reconsideration relates\nis exempted from a public notification\nrequirement by regulation under s 175 (3) (b)\ns 180 about the original\n(b) the approval of the\noriginal application\nmay cause the entity to\nsuffer material\ndetriment\napplicant for reconsideration\n7 decision under s 206 to refuse to amend a\napproval-holder entity that made representation under\ns 180 about the original application\n\nitem\n8 decision under s 206 to amend (with or without\nconditions) a development approval, unless the\ndevelopment application to which the approval\nrelates is exempted from a public notification\nrequirement by regulation under s 175 (3) (b)\ns 180 about the original\n(b) the amendment of the\napproval may cause the\nentity to suffer material\ndetriment\napproval-holder\n9 decision under s 204 to revoke development\nholder of revoked approval entity that made representation under\ns 180 about the application for\n\nitem\n10 decision under s 263 to refuse to grant a lease\nto a person by direct sale (other than a refusal\nto grant a lease to the University of NSW of\nland mentioned in s 274 (2) (g))\napplicant for grant of lease\n11 decision under s 273 (2) to end person’s right\nto be granted a lease\nperson whose right is ended\n12 decision under s 281 to refuse to approve a\ntransfer, assignment or parting of possession of\n13 decision under s 284 (2) to refuse to approve a\nsublease of land\napplicant for approval of\nsublease\n14 decision under s 289 to refuse to grant a further\napplicant for grant of further\n15 decision under s 299 that lease is a\nconcessional lease\n\nitem\n16 decision under s 301 that lease is a\nconcessional lease\n17 decision under s 307 to refuse to approve a\ndealing with a concessional lease\n18 decision under s 311 about the payout amount\nfor a concessional lease\n19 decision under s 315 to confirm variation of\nrent after review\n20 decision under s 315 to set aside variation and\nsubstitute another variation of rent after review\n21 decision under s 318 adjusting rent after\nreassessment\n22 decision under s 321 (2) (d) about amount\npayable for variation to reduce rent payable\nunder lease to a nominal rent\n\nitem\n23 decision under s 337 (1) (b) (i) on\nreconsideration about amount of lease variation\ncharge for variation of lease\napplicant for the reconsideration\n24 decision under s 337 (1) (b) (ii) to confirm\noriginal decision on reconsideration about\namount of lease variation charge for variation\nof lease\napplicant for the reconsideration\n25 decision under s 343 not to approve an\napplication to defer payment of a lease\nvariation charge\napplicant for the deferral\n26 decision under s 362 about market value of\nimprovements on land\n27 decision under s 363 (2) to refuse to accept the\nsurrender of a lease, or part of land described in\npart of land described in lease\n\nitem\n28 decision under s 363 (2) to accept the surrender\nof a lease, or part of land described in lease,\nsubject to a condition\npart of land described in lease\n29 decision under s 364 to refuse to authorise\npayment of prescribed amount for surrendered\nor terminated lease\nwhose lease is terminated\n30 decision under s 368 (1) to refuse to issue a\ncertificate of compliance\n31 decision under s 368 (2) to issue certificate of\ncompliance stating that building and\ndevelopment provision has been partly\ncomplied with\n32 decision under s 368 (2) to issue a certificate of\ncompliance subject to condition that lessee\nprovide security\n\nitem\n33 decision under s 368 (2) to refuse to issue a\ncertificate of compliance\n34 decision under s 371 or s 372 to refuse to\napprove the assignment or transfer of a lease or\ninterest in a lease\n35 decision under s 375 (1) to set a new\ncompliance time\n36 decision under s 424 (1) to make a controlled\nactivity order\nperson to whom order directed\n37 decision under s 425 (5) to refuse to extend the\ntime allowed to respond to show cause notice\napplicant for extension\n38 decision under s 427 (4) to make a controlled\nactivity order other than the order applied for\napplicant for controlled activity\norder\n\nitem\n39 decision under s 427 (4) not to make an order applicant for controlled activity\norder\n40 decision under s 434 (4) to refuse to revoke a\ncontrolled activity order\napplicant for revocation\n41 decision under s 452 (3) to give a prohibition\nnotice\nperson to whom notice directed\n\nitem\n42 decision under s 455 (3) to refuse to revoke a\nprohibition notice\napplicant for revocation\n43 decision under s 457 to terminate a lease person whose lease is\n44 decision under s 458 to terminate a licence person whose licence is\n45 decision under s 459 (2) not to extend the time\nto respond to a notice of termination\nperson whose lease or licence is\n\nPreliminary Part 6.1\nSection 6.1\n","sortOrder":575},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Matters exempt from third","content":"Schedule 6 Matters exempt from third\nparty ACAT review\n(see s 504, def eligible entity, par (c))\n6.1 Definitions—sch 6\nBelconnen town centre means the area outlined in bold on the plan\nin this schedule, division 6.3.2.\ncity centre means the area outlined in bold on the plan in this\nschedule, division 6.3.1.\nGungahlin town centre means the area outlined in bold on the plan\nin this schedule, division 6.3.3.\nKingston Foreshore means the area outlined in bold on the plan in\nthis schedule, division 6.3.6.\nMolonglo town centre means the area outlined in bold on the plan in\nthis schedule, division 6.3.3A.\ntown centre means the Belconnen town centre, the Gungahlin town\ncentre, the Molonglo town centre, the Tuggeranong town centre or\nthe Woden town centre.\nTuggeranong town centre means the area outlined in bold on the plan\nin this schedule, division 6.3.4.\nUniversity of Canberra site means the area outlined in bold on the\nplan in this schedule, division 6.3.7.\nWoden town centre means the area outlined in bold on the plan in\nthis schedule, division 6.3.5.\n\nPart 6.2 Matters exempt from third party ACAT review\nPart 6.2 Matters exempt from third party\nACAT review\nitem\nmatters\n1 a territory priority project\n2 a development, other than a significant development requiring an EIS or a\nsubdivision design application, on land in—\n(a) the city centre; or\n(b) a town centre; or\n(c) an industrial zone; or\n(d) the Kingston Foreshore; or\n(e) the University of Canberra site\n3 a development, other than a significant development requiring an EIS or a\nsubdivision design application, on land in a non-residential zone if—\n(a) the land is at least 50m from any block within a residential zone; and\n(b) for a development involving the building or altering of a building or\nother structure on the land—the new or altered building or other\nstructure meets the quantitative requirements for any applicable height\nand plot ratio provisions; and\n(c) for a development on land the subject of a lease or sublease which at\nthe time of the application permits a community use—the decision\ndoes not authorise a lease variation to remove a community use; and\n(d) for land within a CZ4 (local centre) zone and the subject of a lease or\nsublease which at the time of the application permits the use of the\nland for a shop—\n(i) the decision does not authorise a lease variation to remove the\nuse of the land for a shop; and\n(ii) the development would not have the effect of permitting the\nbuilding of a dwelling on the land; and\n(e) for land in a non-urban zone—the development would not have the\neffect of permitting the use of the land for a purpose other than that for\nwhich it is leased, or permitted by a licence under this Act, at the time\nof the application\n\nMatters exempt from third party ACAT review Part 6.2\nitem\nmatters\n4 the demolition of a building or other structure in connection with a\ndevelopment, other than a significant development requiring an EIS or a\nsubdivision design application, consisting of the building or alteration of a\nbuilding or other structure to which this part applies\n5 public works, other than a significant development requiring an EIS or a\nsubdivision design application, consisting of the building, alteration or\ndemolition of—\n(a) electricity, water, gas or communication services; or\n(b) a floodway or sewerage or drainage works; or\n(c) a public road, public path, cycleway or car park\n6 the building, alteration or demolition of public facilities on unleased land, or\nland leased to the Territory, including barbecues, seating and playground\nequipment, or related landscaping\n7 the putting up, attaching or displaying of a sign or advertisement on land or to a\nbuilding or other structure on land\n\nDivision 6.3.1 City centre\nDivision 6.3.1 City centre\n\nBelconnen town centre Division 6.3.2\nDivision 6.3.2 Belconnen town centre\n\nDivision 6.3.3 Gungahlin town centre\nDivision 6.3.3 Gungahlin town centre\n\nMolonglo town centre Division 6.3.3A\nDivision 6.3.3A Molonglo town centre\n\nDivision 6.3.4 Tuggeranong town centre\nDivision 6.3.4 Tuggeranong town centre\n\nWoden town centre Division 6.3.5\nDivision 6.3.5 Woden town centre\n\nDivision 6.3.6 Kingston Foreshore\nDivision 6.3.6 Kingston Foreshore\n\nUniversity of Canberra site Division 6.3.7\nDivision 6.3.7 University of Canberra site\n\nSchedule 7 Preserved leases\nSection 7.1\nSchedule 7 Preserved leases\n(see dict, def preserved lease)\n7.1 Meaning of preserved lease\npreserved lease means a lease—\n(a) granted or continued, or purported to have been granted or\ncontinued, under the City Area Leases Act 1936 (repealed); and\n(b) to which the Planning and Development Act 2007 (repealed),\nsection 456 (Transitional—status of leases and licences), as in\nforce on 25 February 2010, applied; and\n(c) in which provision is made for a preserved lease use of the land,\nor of a building or other structure on the land.\npreserved lease use, in relation to land described in a preserved\n(a) means the use of the land for the purpose of any of the following:\n(i) ‘an industry’ or ‘industries’;\n(ii) ‘light industrial and commercial businesses’;\n(iii) conducting ‘industries’ in buildings on the land; and\n(b) includes the use of the land, or of a building or other structure\non the land, for the retail sale of any of the following:\n(i) goods (other than food-stuffs, non-alcoholic beverages or\nnew clothing) that have been manufactured or processed\non the land or in the building or other structure;\n(ii) building materials, building equipment, building supplies\nor general hardware;\n\nPreserved leases Schedule 7\nSection 7.1\n(iii) other goods ordinarily sold by sellers of goods mentioned\nin subparagraph (ii);\n(iv) agricultural, garden or farm equipment or supplies;\n(v) petrol, oil or other petroleum products;\n(vi) motor vehicles, trailers, caravans, boats or machinery;\n(vii) parts or accessories for goods mentioned in\nsubparagraph (vi);\n(viii) if the floor area of the building, or the part of the building\nwhere the goods are sold or displayed for sale, does not\nexceed 46.5m2—\n(A) food-stuffs or non-alcoholic beverages of a kind\ncommonly known as confectionery or refreshments;\nand\n(B) any other kind of food-stuffs or non-alcoholic\nbeverages that have been manufactured or processed\non the land or in the building; and\n(C) goods (other than food-stuffs, non-alcoholic\nbeverages, new clothing or goods mentioned in\nparagraph (b) (i) to (vii)) that have been stored in bulk\nin the building pending their sale and distribution to\npeople engaged in retail trade elsewhere than on that\nland; but\n(c) unless otherwise authorised by the lease (whether expressly or\nby implication), does not include the use of the land, or of a\nbuilding or other structure on the land—\n(i) for the retail sale of any other goods; or\n(ii) as a boarding-house, guest-house, hostel, hotel or motel; or\n(iii) as residential accommodation.\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• ACAT\n• appoint\n• city renewal authority\n• commissioner for revenue\n• conservator of flora and fauna\n• contravene\n• corporation\n• document\n• emergency service\n• emergency services commissioner\n• entity\n• environment protection authority\n• Executive\n• exercise\n• found guilty\n• function\n• head of service\n• heritage council\n• home address\n• housing commissioner\n• may (see s 146)\n• Minister (see s 162)\n• must (see s 146)\n• national capital authority\n• national capital plan\n• person (see s 160)\n• public servant\n• registered surveyor\n• registrar-general\n\n• reviewable decision notice\n• Self-Government Act\n• suburban land agency\n• territory authority\n• territory instrumentality\n• territory land\n• territory-owned corporation\n• the Territory\n• under\n• work health and safety commissioner\n• working day.\nAboriginal object, for schedule 3 (Management objectives for public\nland)—see the Heritage Act 2004, section 9 (1).\nAboriginal place, for schedule 3 (Management objectives for public\nland)—see the Heritage Act 2004, section 9 (1).\naccredited valuer means a valuer accredited by—\n(a) the Australian Property Institute Limited ACN 608 309 128; or\n(b) if another entity is prescribed by regulation—that entity.\nact includes omission.\nactivation and liveability principles—see section 10 (2).\nadditional rent means amounts payable under a lease in addition to\nrent owed under the lease because rent or other amounts owing under\nthe lease have not been paid as required.\nadjoins, for division 7.5.4 (Public notification of development\napplications)—see section 174.\napplicant, for a development application, includes a lessee who signs\nthe development application.\napproval-holder means a person whose application for development\napproval has been approved (with or without a condition) if the\napproval is in force.\n\nassessable development means development that requires\nassociated document, for part 14.1 (Public register)—see\nsection 501.\nauthorised person—see section 439 (1).\nauthorised use, of land, or of a building or other structure on land,\nfor part 7.2 (Exempt development)—see section 146.\nauthority website—see section 509.\nbackground papers, in relation to a draft major plan amendment or\nmajor plan amendment, for part 5.2 (Territory plan—major plan\nBelconnen town centre, for schedule 6 (Matters exempt from third\nblock—see the Districts Act 2002, dictionary.\nbuilding and development provision, in relation to a lease, for\nchapter 10 (Leases and licences)—see section 256.\nbusiness hours, in relation to premises—\n(a) means 9.00 am to 5.00 pm on a working day; and\n(b) if the premises are not residential premises—includes any period\nthe premises are open for business outside the period mentioned\nin paragraph (a).\ncertificate of compliance means a certificate issued under\nsection 368.\ncertificate of occupancy means a certificate issued under the Building\nAct 2004, section 69.\nchargeable variation, of a nominal rent lease, for division 10.7.3\n(Variation of nominal rent leases)—see section 327.\nchief planner means the Chief Planner appointed under section 26.\n\ncity centre, for schedule 6 (Matters exempt from third party ACAT\nreview)—see schedule 6, section 6.1.\nCommonwealth entity means—\n(a) a body established under a Commonwealth Act; or\n(b) a corporate Commonwealth entity under the Public Governance,\nPerformance and Accountability Act 2013 (Cwlth); or\n(c) a Commonwealth company under the Public Governance,\nPerformance and Accountability Act 2013 (Cwlth); or\n(d) a company in which a controlling interest is held by either or\nboth of the following:\n(i) the Commonwealth;\n(ii) a Commonwealth company under the Public Governance,\nPerformance and Accountability Act 2013 (Cwlth).\ncommunity lease—see section 291 (1).\ncommunity lease provisions, for a community lease—see\nsection 292.\ncommunity lease use—see section 291 (1).\ncommunity organisation means a corporation that—\n(a) has, as its principal purpose, the provision of a service, or a form\nof assistance, to people living or working in the ACT; and\n(b) is not carried on for the financial benefit of its members; and\n(c) does not hold a club licence under the Liquor Act 2010.\ncommunity use report means a report prepared under section 296.\ncomplainant, for part 12.2 (Complaints about controlled activities)\nand part 12.3 (Controlled activity orders)—see section 414 (1) (b).\nconcessional lease—see section 258 (1).\nconcessional status removed—see section 258 (2).\n\nconcurrent development application means a development\napplication for prohibited development made under—\n(a) section 157 (Applications in anticipation of major plan\namendment); or\n(b) section 159 (Applications for development encroaching on\nadjoining land if development prohibited).\nconditional environmental significance opinion—see\nsection 140 (4) (b).\nconnected, for chapter 13 (Enforcement)—see section 460.\nconsolidation, for chapter 10 (Leases and licences)—see section 256.\nconsultation comments—\nsection 63 (1) (c) (i); and\n(b) in relation to a minor plan amendment—see\nsection 86 (2) (b) (i).\nconsultation notice—\nsection 63 (1) (c); and\n(b) for a draft revised offsets policy—see section 229 (1); and\n(c) for draft offsets policy guidelines—see section 236 (1); and\n(d) for a draft land management plan—see section 390 (1).\nconsultation period—\nsection 55; and\n(b) for a draft revised offsets policy—see section 229 (2) (b); and\n(c) for draft offsets policy guidelines—see section 236 (2) (b); and\n(d) for a draft land management plan—see section 390 (2) (b).\n\ncontrolled activity—see section 412.\ncontrolled activity order—see section 424 (1).\ncorresponding major plan amendment, for a draft major plan\namendment, for part 5.2 (Territory plan—major plan amendments)—\nsee section 55.\ncultural heritage conservation principles—see section 10 (2).\ncustodian, in relation to land, means an administrative unit or other\nentity with administrative responsibility for land in the ACT that is\nunleased land, public land or both.\ndeal, with a lease, means—\n(a) assign or transfer the lease; or\n(b) sublet the land described in the lease or part of it; or\n(c) part with possession of the land described in the lease or any part\nof it.\ndeciding, a development application, means approving (with or\nwithout a condition) or refusing the application.\ndecision-maker—\n(a) for chapter 7 (Development assessment and approvals)—see\nsection 144; and\n(b) for part 9.4 (Offset conditions)—see section 243; and\n(c) for chapter 15 (Notification and review of decisions)—see\nsection 504.\ndeclared land sublease—see section 365 (1).\ndeclared protected matter—see section 221 (2).\ndeclared site—see the Urban Forest Act 2023, dictionary.\ndeferral arrangement, for a lease variation charge—see\nsection 343 (1) (c).\n\ndesign advice—see section 101 (2) (b) (i).\ndesignated area—see the Australian Capital Territory (Planning and\nLand Management) Act 1988 (Cwlth), section 4.\ndesign guide—see section 50 (1).\ndesign principles—see section 99 (1).\ndesign review panel means the Design Review Panel established\nunder section 95.\ndesign review panel rules—see section 98 (1).\ndevelopment, in relation to land—see section 14 (1).\ndevelopment agreement means a deed or contract that—\n(a) was entered into by the lessee and the Territory or a territory\nentity, as a condition of the grant of a lease; and\n(b) sets out obligations with which the lessee must comply in\nrelation to development of the land described in the lease.\ndevelopment application—see section 166 (1).\ndevelopment approval means approval for a development under\nchapter 7 (Development assessment and approvals).\ndevelopment proposal means a proposal for development, whether or\nnot in a development application.\ndischarge amount, for a rural lease, for division 10.8.2 (Exceptions\nfor rural leases)—see section 349.\ndistrict—see the Districts Act 2002, dictionary.\ndistrict policy means a district policy in the territory plan.\ndistrict strategy—see section 38 (1).\ndivision, in relation to land—see the Districts Act 2002, dictionary.\ndraft EIS—see section 112 (1) (a).\ndraft land management plan—see section 389 (1).\n\ndraft major plan amendment, for part 5.2 (Territory plan—major\nplan amendments)—see section 55.\ndraft offsets policy guidelines—see section 235 (1).\ndraft review report—see section 91 (3).\ndraft revised offsets policy—see section 228 (2).\necologically sustainable development—see section 9.\nEIS—see section 94 (c).\nEIS assessment report—see section 126 (1).\neligible entity, for chapter 15 (Notification and review of\nends, for an appeal, means decided, withdrawn, dismissed or struck\nout.\nenvironment—each of the following is part of the environment:\n(a) the soil, atmosphere, water and other parts of the earth;\n(b) organic and inorganic matter;\n(c) living organisms;\n(d) structures, and areas, that are manufactured or modified;\n(e) ecosystems and parts of ecosystems, including people and\ncommunities;\n(f) qualities and characteristics of areas that contribute to their\nbiological diversity, ecological integrity, scientific value,\nheritage value and amenity;\n(g) interactions and interdependencies within and between the\nthings mentioned in paragraphs (a) to (f);\n(h) social, aesthetic, cultural and economic characteristics that\naffect, or are affected by, the things mentioned in paragraphs (a)\nto (f).\n\nenvironmental impact assessment—see section 102 (1).\nenvironmental significance opinion—see section 102 (2).\nEPBC Act means the Environment Protection and Biodiversity\nConservation Act 1999 (Cwlth).\nessential design element, of a development proposal—see\nsection 188.\nexempt development—see section 145.\nexemption assessment—see section 151 (1).\nexemption assessment D notice—see section 152 (2) (b).\nexemption assessor—see section 151 (1).\nexpected greenhouse gas emissions statement, for a development,\nfor schedule 1 (Information and documents for certain development\napplications)—see schedule 1, section 1.1.\nfinalised—\n(a) for an EIS—see section 128; and\n(b) for a public health EIS—see section 129.\nformal error means—\n(a) a clerical error; or\n(b) an error arising from an accidental slip or omission; or\n(c) a defect of form.\nfuture urban area means an area of land identified in the territory\nplan for future urban development.\ngovernment entity includes a territory authority, territory\ninstrumentality and an administrative unit.\ngranted on a concessional basis—see section 258 (3).\n\ngreenhouse gas emissions, for schedule 1 (Information and\ndocuments for certain development applications)—see the Climate\nChange and Greenhouse Gas Reduction Act 2010, dictionary.\ngross floor area, for division 10.7.3 (Variation of nominal rent\nleases)—see the territory plan (13 Definitions).\nGungahlin town centre, for schedule 6 (Matters exempt from third\nhigh-quality design principles—see section 10 (2).\nholding period, for a rural lease, for division 10.8.2 (Exceptions for\nrural leases)—see section 349.\nhousing affordability principles—see section 10 (2).\nimprovement, in relation to land, for part 10.9 (Leases—\nimprovements)—see section 356.\nincorporated association, for schedule 2 (Market value leases and\nleases that are possibly concessional)––see schedule 2, section 2.1.\ninformation requirement notice—see section 474 (2).\ninquiry means an inquiry into an EIS under section 132.\ninquiry panel—see section 132 (1) (a).\ninspector means a person appointed as an inspector under\nsection 461.\nintegrated delivery principles—see section 10 (2).\ninterested entity, for chapter 15 (Notification and review of\ninterested person, in relation to land, for part 5.2 (Territory plan—\nmajor plan amendments)—see section 56.\ninvestment facilitation principles—see section 10 (2).\nKingston Foreshore, for schedule 6 (Matters exempt from third party\nACAT review)—see schedule 6, section 6.1.\n\nland management agreement—see section 350 (2) (a).\nland management plan—see section 395 (1).\nland rent lease—see the Land Rent Act 2008, dictionary.\nland sublease means a sublease of land approved under section 284\n(Restriction on subletting of land) but does not include a sublease\nmentioned in section 285 (Subletting part of building).\n(a) for this Act generally—see section 257; and\n(b) for part 10.12 (Leases—building and development\nprovisions)—see section 367.\nleasehold, of a lessee, means the land held under the lease.\nlease variation charge, for a variation of a nominal rent lease, means\nthe lease variation charge applying under division 10.7.3 (Variation\nof nominal rent leases).\nlessee—\n(a) for chapter 10 (Leases and licences)—see section 256; and\n(b) for a lease that has ended, for part 10.9 (Leases—\nimprovements)—see section 356.\nlight rail—see the Road Transport (General) Act 1999, dictionary.\nlimited consultation, for part 5.3 (Territory plan—minor plan\namendments)—see section 86 (1).\nlong-term focus principles—see section 10 (2).\nmajor plan amendment, part 5.2 (Territory plan—major plan\nmanagement objectives—see section 387 (1).\nmarket value, of a lease, for chapter 10 (Leases and licences)—see\n\nmarket value lease—see section 259.\nmaterial detriment, for schedule 5 (Reviewable decisions, eligible\nentities and interested entities)—see schedule 5, section 5.1.\nmatter protected by the Commonwealth—see section 222 (1).\nmemorial—see the Land Titles Act 1925, dictionary.\nMinister, for part 9.2 (Offsets policy)—see section 225.\nminor plan amendment, for part 5.3 (Territory plan—minor plan\namendments)—see section 84.\nMolonglo town centre, for schedule 6 (Matters exempt from third\nmonitoring warrant—see section 484 (1).\nnatural environment, for schedule 3 (Management objectives for\npublic land)—see schedule 3, section 3.1.\nnatural environment conservation principles—see section 10 (2).\nnew compliance time, for a building and development provision, see\nsection 375 (1).\nnoncompliance fee—see section 374 (2).\nnominal rent means—\n(a) rent of 5 cents each year; or\n(b) if another nominal amount each year is prescribed by\nregulation—rent of the other nominal amount.\nnominal rent lease means a lease for a nominal rent.\nnon-standard chargeable variation, of a nominal rent lease, for\ndivision 10.7.3 (Variation of nominal rent leases)—see section 327.\noccupier, of premises, for chapter 13 (Enforcement)—see\nsection 460.\noffence, for chapter 13 (Enforcement)—see section 460.\n\noffset—see section 223.\noffset condition, for a development approval—see section 244.\noffset management plan, for an offset—see section 245 (1).\noffset manager, for an offset management plan—see section 246.\noffsets policy—see section 224.\noffsets policy guidelines—see section 234 (1).\noffsets register—see section 242.\nongoing controlled activity order, for part 12.3 (Controlled activity\norders)—see section 428 (1).\noriginal application, for division 7.6.3 (Reconsideration of decisions\non development applications)—see section 198 (1) (a).\noriginal decision—\n(a) for division 7.6.3 (Reconsideration of decisions on development\napplications)—see section 198 (1) (a); and\n(b) for division 10.7.3 (Variation of nominal rent leases)—see\nsection 334 (1) (b).\nplanning and response report—see section 39 (1).\nplanning strategy—see section 36 (1).\npossibly concessional, in relation to a lease—see section 260.\npre-decision advice, in relation to a development application, see\nsection 182 (1).\npremises includes land.\npreserved lease—see schedule 7, section 7.1 (1).\nprinciples of good consultation—see section 11 (1).\nprinciples of good planning—see section 10 (1).\nprohibited development—see section 154 (1).\n\nprohibition notice—see section 452 (1).\nproponent, of a development proposal, means the person proposing\nthe proposal.\nproponent-initiated amendment, for part 5.2 (Territory plan—major\nplan amendments)—see section 57.\nprotected matter—see section 221 (1).\nprotected tree—see the Urban Forest Act 2023, section 9.\nprovision, of a lease, for chapter 10 (Leases and licences)—see\npublic availability notice, for a draft major plan amendment, for\npart 5.2 (Territory plan—major plan amendments)—see\nsection 68 (a).\npublic consultation period, for a draft EIS, means—\n(a) the period stated under section 114 (a) (iii); or\n(b) if the period is extended under section 115 (3)—the period as\nextended.\nPublic Health Act Minister means the Minister responsible for the\nPublic Health Act 1997, section 134.\npublic health EIS means an EIS for a development proposal in a\ndevelopment application in relation to which the Public Health Act\nMinister has made a declaration for section 105 (When EIS is\nrequired).\npublic land means land identified in the territory plan as public land.\npublic land management plan, for an area of public land—see\nsection 388 (1).\npublicly notify—\n(a) a draft EIS—see section 114; and\n(b) a development application—see section 175 (1).\n\npublic notification period, for a development application—see\nsection 175 (2).\npublic register—see section 497.\nreconsideration application—\n(a) for division 7.6.3 (Reconsideration of decisions on development\napplications)—see section 198 (2); and\n(b) for division 10.7.3 (Variation of nominal rent leases)—see\nsection 335 (5).\nrectification work—see section 436.\nrectification work order—see section 442 (1).\nreferral entity—see section 170 (1) (a).\nregistered interest, in a lease, means an interest in the lease registered\nregistered interest holder, for division 7.5.4 (Public notification of\ndevelopment applications)—see section 174.\nregistered proprietor, in relation to a lease, for chapter 10 (Leases and\nlicences)—see section 256.\nrelated to community housing—see section 217C.\nrelated to light rail—see section 217.\nrelated to public housing—see section 217B.\nrelevant agency, for an environmental significance opinion—see\nsection 138 (2).\nrelevant Assembly committee, for a provision, means a standing\ncommittee of the Legislative Assembly nominated, in writing, by the\nSpeaker for the provision.\nrental lease, for chapter 10 (Leases and licences) and schedule 2\n(Market value leases and leases that are possibly concessional)––see\n\nrepresentation—\n(a) about a development application, means a representation made\nunder section 180; or\n(b) about a draft EIS, means a representation made about the\ndraft EIS under section 115.\nresidential lease, for chapter 10 (Leases and licences) and schedule 2\n(Market value leases and leases that are possibly concessional)––see\nreviewable decision, for chapter 15 (Notification and review of\nrevised EIS—see section 118 (1) (b).\nrural lease—see section 256.\nscoping document, for a development proposal—see\nsection 109 (2) (b).\nsearch warrant—see section 478 (1).\nshow cause notice—see section 425 (2).\nsignificant adverse environmental impact—see section 104.\nsignificant development—see section 94.\nsingle dwelling house lease, for chapter 10 (Leases and licences)—\nsee section 256.\nstandard chargeable variation, of a nominal rent lease, for\ndivision 10.7.3 (Variation of nominal rent leases)—see section 327.\nstatement of planning priorities—see section 42 (1).\nstructure includes a fence, retaining wall, swimming pool,\nornamental pond, mast, antenna, aerial, road, footpath, driveway,\ncarpark, culvert or service conduit or cable.\nsubdivision, for chapter 10 (Leases and licences)—see section 256.\nsubdivision design application—see section 43 (1).\n\nsublease, for chapter 10 (Leases and licences)—see section 256.\nsupporting report, for part 5.2 (Territory plan—major plan\nsustainability and resilience principles—see section 10 (2).\nterritory entity means—\n(a) a territory authority; or\n(b) a territory instrumentality; or\n(c) a territory-owned corporation.\nterritory plan means the territory plan under section 45.\nterritory planning authority means the Territory Planning Authority\nestablished under section 16.\nterritory priority project—see section 216.\nterritory priority project declaration—see section 218 (1).\ntown centre, for schedule 6 (Matters exempt from third party ACAT\nreview)—see schedule 6, section 6.1.\ntransfer, of a lease, for part 10.12 (Leases—building and\ndevelopment provisions)—see section 367.\ntree management plan—see the Urban Forest Act 2023, dictionary.\nTuggeranong town centre, for schedule 6 (Matters exempt from third\nundertaken, in relation to an improvement that is a building or other\nstructure, for part 10.9 (Leases—improvements)—see section 356.\nUniversity of Canberra site, for schedule 6 (Matters exempt from\nthird party ACAT review)—see schedule 6, section 6.1.\nUniversity of NSW means the University of New South Wales\nestablished under the University of New South Wales Act 1989\n(NSW), section 4.\n\nurban regeneration principles—see section 10 (2).\nuse, of land, or of a building or other structure on land—see\nsection 15.\nvariation, of a lease—\n(a) includes the surrender of the lease and the grant of a new lease\nto the same lessee, subject to different provisions, over land\n(i) is all or part of the land described in the surrendered lease;\nand\n(ii) is not in an area identified in the territory plan as a future\nurban area; and\n(b) without limiting paragraph (a), includes the surrender of a\nconcessional lease and the grant of a new lease to the same\nlessee as a market value lease; and\n(c) includes the consolidation, or subdivision, of the lease; but\n(d) does not include—\n(i) the surrender of the lease and the grant of a further lease\nunder section 289 (Grant of further leases); or\n(ii) a variation to a deed that is incorporated into, or referred to\nin, the lease, if the deed is varied in a way that is provided\nfor in the deed.\nWoden town centre, for schedule 6 (Matters exempt from third party\nACAT review)—see schedule 6, section 6.1.\nworking out statement, for division 10.7.3 (Variation of nominal rent\nleases)—see section 334 (2).\nzone means a zone identified in the territory plan.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nPlanning Act 2023 A2023-18\nnotified LR 19 June 2023\ns 1, s 2 commenced 19 June 2023 (LA s 75 (1))\ns 36, s 38, s 50, s 51, pt 20.2, pt 20.3 commenced 20 June 2023\n(s 2 (1))\nremainder commenced 27 November 2023 (s 2 (2) and CN2023-10)\nas amended by\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.49\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.49 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nas modified by\nPlanning (Transitional Provisions) Regulation 2023 SL2023-29\nnotified LR 24 November 2023\ns 1, s 2 commenced 24 November 2023 (LA s 75 (1))\nremainder commenced 27 November 2023 (s 2 and see Planning Act\n","sortOrder":576},{"sectionNumber":"2023","sectionType":"section","heading":"A2023-18, s 2 (2) and CN2023-10)","content":"2023 A2023-18, s 2 (2) and CN2023-10)\nas amended by\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.5\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nProperty Developers Act 2024 A2024-36 sch 2 pt 2.5\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 2 pt 2.5 awaiting commencement\n\n3 Legislation history\nHeritage and Planning Legislation Amendment Act 2025 A2025-15\npt 3\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\npt 3 commenced 2 June 2025 (s 2)\nPlanning (Molonglo Town Centre) Amendment Act 2025 A2025-23\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\nremainder commenced 13 September 2025 (s 2)\nPlanning (Territory Priority Project) Amendment Act 2025 A2025-37\nnotified LR 15 December 2025\ns 1, s 2 commenced 15 December 2025 (LA s 75 (1))\nremainder commenced 16 December 2025 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2023-52 amdt 1.24\nSubdivision design applications\ns 43 am A2023-36 amdt 1.278, amdt 1.279; A2025-15 s 25, s 26\nEffect of approval of subdivision design application\ns 44 am A2025-15 s 27\nContents of territory plan\ns 48 am A2023-36 amdt 1.280; A2025-15 s 28\nWhat is a minor plan amendment and is consultation needed?\ns 84 am A2025-15 s 29\nRezoning—development encroaching on adjoining land\ns 88 am A2023-36 amdt 1.281\nDeciding environmental significance opinion application\ns 140 am A2023-36 amdt 1.282\nAdvice on development proposals\ns 165 am A2023-36 amdt 1.283\nApplication for development approval\ns 166 am A2025-15 s 30\nWhen authority must refer development application\ns 170 am A2023-52 amdt 1.25\nFurther entity referral—more information or amended application\ns 171 am A2023-36 amdt 1.284\nDeciding development applications\ns 185 am A2023-52 amdt 1.26, amdt 1.27\nConditional approvals\ns 187 am A2023-52 amdts 1.28-1.30\nRestrictions on development approval\ns 189 am A2023-36 amdt 1.285; A2023-52 amdts 1.31-1.33\nApplications to amend development approvals\ns 205 am A2023-36 amdt 1.286, amdt 1.287\nDeciding applications to amend development approvals\ns 206 am A2023-36 amdt 1.288\nEnd of development approvals generally\ns 211 am A2023-36 amdt 1.289; A2025-15 ss 31-33\n\nEnd of development approvals for lease variations\ns 212 am A2023-36 amdt 1.290, amdt 1.291; pars renum R2 LA;\nA2025-15 s 34\nEnd of development approvals for use\ns 213 am A2023-36 amdt 1.292\nMeaning of territory priority project\ns 216 am A2025-37 s 4, s 5\n(1) def territory priority project pars (c), (d), (2), (3) exp\n31 December 2029 (s 220B (a), (b))\nMeaning of related to public housing\ns 217B ins A2025-37 s 6\nexp 31 December 2029 (s 220B (c))\nMeaning of related to community housing\ns 217C ins A2025-37 s 6\nexp 31 December 2029 (s 220B (c))\nDeclaration of territory priority projects\ns 218 am A2025-37 ss 7-13\n(3A), (5) defs Aboriginal object, Aboriginal place exp\n31 December 2029 (s 220B (d))\nReview of amendments made by Planning (Territory Priority Project)\nAmendment Act 2025\ns 220A ins A2025-37 s 14\nexp 30 June 2030 (s 220A (3))\nExpiry—territory priority project amendments\ns 220B ins A2025-37 s 14\nexp 31 December 2029 (s 220B (e))\nPayment for leases generally\ns 274 (2) (g) exp 26 November 2028 (s 521 (2))\nUse of land for leased purpose\ns 276 am A2023-36 amdt 1.292\nRestriction on transfer, assignment and parting with possession\ns 280 (2) (b) exp 26 November 2028 (s 521 (2))\nRestriction on transfer, assignment and parting with possession—certain\nUniversity of NSW leases\ns 282 exp 26 November 2028 (s 521 (2))\nApproval to transfer, assign, or part with possession—certain University of\nNSW leases\ns 283 exp 26 November 2028 (s 521 (2))\nGrant of further lease includes same authorised use\ns 290 am A2023-36 amdt 1.292\n\nMeaning of community lease provisions\ns 292 am A2023-36 amdt 1.293\nRestrictions on dealings with concessional leases\ns 306 am A2025-15 s 35; pars renum R8 LA\nDevelopment application to remove concessional status of lease\ns 309 am A2023-36 amdt 1.294\nNo variation of certain leases for 5 years\ns 326 am A2023-36 amdt 1.295\nApproval to defer payment of lease variation charges\ns 343 am A2023-36 amdt 1.296\nExceptions to s 350 and s 351\ns 352 am A2025-15 s 36; pars renum R8 LA\nTransfer of land subject to building and development provision\ns 370 am A2025-15 s 37; pars renum R8 LA\nReservation of minerals\ns 381 am A2023-36 amdt 1.297\nLeases of public land\ns 401 am A2023-36 amdt 1.298\nComplaints about controlled activities\ns 413 am A2023-36 amdt 1.299\nAdditional information about complaints\ns 416 am A2023-36 amdt 1.300\nTime for making controlled activity order\ns 426 am A2025-15 s 38; ss renum R8 LA\nContent of controlled activity orders\ns 429 am A2023-36 amdt 1.301\nNotice of making of controlled activity orders\ns 430 am A2023-52 amdt 1.34, amdt 1.35\nUse and disclosure of protected information\ns 518 am A2025-15 s 39\nExpiry of University of NSW lease provisions\ns 521 am A2025-15 s 40\nexp 26 November 2028 (s 521 (2))\nRegulation‑making power\ns 523 am A2023-36 amdt 1.302, amdt 1.303\nReview of Act\ns 524 exp 27 November 2029 (s 524 (2))\n\nTransitional\nch 20 hdg note exp 27 November 2026 (s 602)\nTransitional—general\npt 20.1 hdg exp 27 November 2026 (s 602)\nTransitional regulations\ns 601 exp 27 November 2026 (s 602)\nExpiry—ch 20\ns 602 exp 27 November 2026 (s 602)\nTransitional—strategic and spatial planning\npt 20.2 hdg exp 27 November 2026 (s 602)\nPlanning strategy\ns 603 exp 27 November 2026 (s 602)\nDistrict strategy\ns 604 exp 27 November 2026 (s 602)\nTransitional—territory plan\npt 20.3 hdg exp 27 September 2024 (s 612)\nTerritory plan—preparation\ns 605 exp 27 September 2024 (s 612)\nDraft territory plan to be given to Executive etc\ns 606 exp 27 September 2024 (s 612)\nTerritory plan—Executive’s powers\ns 607 exp 27 September 2024 (s 612)\nTerritory plan to be given to Assembly committee\ns 608 exp 27 September 2024 (s 612)\nInterim territory plan\ns 609 mod SL2023-29 mod 1.1; mod lapsed 27 September 2024\nexp 27 September 2024 (s 612)\nApproval or confirmation of territory plan\ns 610 mod SL2023-29 mod 1.2, mod 1.3; mod lapsed 27 September\nexp 27 September 2024 (s 612)\nPreparation of draft territory plan before commencement\ns 611 exp 27 September 2024 (s 612)\nExpiry—pt 20.3\ns 612 exp 27 September 2024 (s 612)\nTransitional—development applications and approvals\npt 20.4 hdg exp 27 November 2026 (s 602)\n\nDevelopment applications made before commencement day\ns 613 exp 27 November 2026 (s 602)\nDevelopment approvals under repealed Act\ns 614 exp 27 November 2026 (s 602)\nApplications to amend development approvals made before commencement\nday\ns 615 exp 27 November 2026 (s 602)\nApplications to amend development approvals under repealed Act at least 6\nmonths after commencement day\ns 616 exp 27 November 2026 (s 602)\nDeclarations for development encroaching on adjoining territory land before\ns 617 exp 27 November 2026 (s 602)\nTransitional—existing rights to use land, buildings and structures\npt 20.5 hdg exp 27 November 2026 (s 602)\nExisting rights to use land etc not affected\ns 618 (2) exp 27 November 2026 (s 602)\nTransitional—leases and licences\npt 20.6 hdg exp 27 November 2026 (s 602)\nGrants of leases commenced but not completed before commencement day\ns 621 mod SL2023-29 mod 1.4, mod 1.5; mod exp 27 November\n2026 (SL2023-29 s 5 and s 602)\nexp 27 November 2026 (s 602)\nApplications for grant of further leases\ns 622 mod SL2023-29 mod 1.6; mod exp 27 November 2026\n(SL2023-29 s 5 and s 602)\nexp 27 November 2026 (s 602)\nApplications by community organisations for direct sale before\ns 623 exp 2 April 2025 (s 623 (4))\nApplications to vary concessional leases made before 2 April 2020\ns 624 exp 2 April 2025 (s 624 (3))\nApplications for licences for unleased land made before commencement day\ns 625 exp 27 November 2026 (s 602)\nTransitional—building and development provisions—extension of time to\npt 20.7 hdg exp 27 November 2026 (s 602)\nExtensions of time to complete works under repealed Act\ns 626 exp 27 November 2026 (s 602)\n\nExtensions of time to complete works under repealed Act—extension to\nanother stated time\ns 627 exp 27 November 2026 (s 602)\nTransitional—environmental significance opinions\npt 20.8 hdg exp 27 November 2026 (s 602)\nApplications for environmental significance opinion made before\ns 628 exp 27 November 2026 (s 602)\nEnvironmental significance opinions given under repealed Act\ns 629 exp 27 November 2026 (s 602)\nTransitional—design review panel\npt 20.9 hdg exp 27 November 2026 (s 602)\nConsultation with design review panel before commencement day\ns 630 exp 27 November 2026 (s 602)\nDesign review panel consideration before commencement day\ns 631 exp 27 November 2026 (s 602)\nTransitional—environmental impact statements\npt 20.10 hdg exp 27 November 2026 (s 602)\nApplications for EIS exemption made before commencement day\ns 632 exp 27 November 2026 (s 602)\nEIS exemptions granted under repealed Act\ns 633 exp 27 November 2026 (s 602)\nEIS completed under repealed Act\ns 634 exp 27 November 2026 (s 602)\nPublic health-related EIS completed under repealed Act\ns 635 exp 27 November 2026 (s 602)\nEIS processes commenced but not completed before commencement day\ns 636 exp 27 November 2026 (s 602)\nTransitional—rent variations and relief from provisions of leases\npt 20.11 hdg exp 27 November 2026 (s 602)\nReduction of rent and relief from provisions of lease approved before\ns 637 exp 27 November 2026 (s 602)\nReduction of rent and relief from provisions of lease approved after\ns 638 exp 27 November 2024 (s 638 (3))\nTransitional—land management agreements\npt 20.12 hdg exp 27 November 2026 (s 602)\n\nLand management agreements entered into before commencement day\ns 639 exp 27 November 2026 (s 602)\nTransitional—land management plans\npt 20.13 hdg exp 27 November 2026 (s 602)\nLand management plans\ns 640 exp 27 November 2026 (s 602)\nDraft land management plans\ns 641 exp 27 November 2026 (s 602)\nTransitional—controlled activities\npt 20.14 hdg exp 27 November 2026 (s 602)\nControlled activities—construction without development approval\ns 642 exp 27 November 2026 (s 602)\nTransitional—review of decisions\npt 20.15 hdg exp 27 November 2026 (s 602)\nApplications for review not finally decided\ns 643 exp 27 November 2026 (s 602)\nTransitional—administrative\npt 20.16 hdg exp 27 November 2026 (s 602)\nChief planning executive\ns 644 exp 27 November 2026 (s 602)\nActing chief planning executive\ns 645 exp 27 November 2026 (s 602)\nInspectors appointed before commencement day\ns 646 exp 27 November 2026 (s 602)\nTransitional—exempt development\npt 20.17 hdg exp 27 November 2026 (s 602)\nGuidelines for essential work at affected residential premises\ns 647 exp 27 November 2026 (s 602)\nRepeals\nch 21 hdg om LA s 89 (3)\nLegislation repealed\ns 648 om LA s 89 (3)\nMarket value leases\nsch 2 pt 2.2 item 15 exp 26 November 2028 (s 521 (2))\nReviewable decisions, eligible entities and interested entities\nsch 5 pt 5.2 item 10, column 2, everything after ‘direct sale’\nexp 26 November 2028 (s 521 (2))\n\nDefinitions—sch 6\nsch 6 s 6.1 def Molonglo town centre ins A2025-23 s 4\ndef town centre am A2025-23 s 5\nMolonglo town centre\nsch 6 div 6.3.3A ins A2025-23 s 6\ndict am A2025-37 s 15\ndef building and development provision sub A2023-36\namdt 1.304\ndef deciding ins A2023-36 amdt 1.305\ndef deciding a development application om A2023-36\namdt 1.306\ndef declared site sub A2023-52 amdt 1.36\ndef district policy ins A2023-36 amdt 1.307\ndef Molonglo town centre ins A2025-23 s 7\ndef protected tree ins A2023-52 amdt 1.37\ndef public land sub A2023-36 amdt 1.308\ndef related to community housing ins A2025-37 s 16\nexp 31 December 2029 (s 220B (f))\ndef related to public housing ins A2025-37 s 16\nexp 31 December 2029 (s 220B (f))\ndef significant sub A2023-36 amdt 1.308\ndef territory plan map om A2025-15 s 41\ndef tree management plan sub A2023-52 amdt 1.38\ndef University of NSW exp 26 November 2028 (s 521 (2))\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n20 June 2023–\n26 Nov 2023\nnot amended new Act\n27 Nov 2023\n27 Nov 2023–\n31 Dec 2023\nA2023-36 commenced\nprovisions,\namendments by\nA2023-36 and\nmodifications by\nSL2023-29\n1 Jan 2024\n1 Jan 2024–\nA2023-52 amendments by\nA2023-52\n11 July 2024–\n27 Sept 2024\nA2023-52 editorial\namendments under\nLegislation Act\n28 Sept 2024\n28 Sept 2024–\n27 Nov 2024\nprovisions and\nlapsed\nmodifications\n(pt 20.3))\n28 Nov 2024\n28 Nov 2024–\n2 Apr 2025\nprovision (s 638)\n3 Apr 2025\n3 Apr 2025–\nprovisions (s 623,\ns 624)\n2 June 2025–\n12 Sept 2025\nA2025-15 amendments by\nA2025-15\n\n5 Earlier republications\nNo and date\nEffective Last\namendment\nmade by\nfor\n13 Sept 2025\n13 Sept 2025–\n15 Dec 2025\nA2025-23 amendments by\nA2025-23\n\nModifications of republished law with temporary effect 6\n6 Modifications of republished law with temporary effect\nThe following modifications have not been included in this republication:\nPlanning (Transitional Provisions) Regulation 2023\nSL2023-29 sch 1 amdts 1.4-1.6\nSchedule 1 Modification of Act\n(see s 4)\n[1.4] New section 621 (2A) and (2B)\ninsert\n(2A) The grant of a lease to which a pre-grant process relates is taken to be\na lease granted under this Act, section 263.\n(2B) Despite section 52 (Effect of territory plan), the grant of the lease\nneed not be consistent with the territory plan if the grant is consistent\nwith the Territory Plan 2008 (NI2008-27) (repealed), as in force\nimmediately before the commencement day.\n[1.5] Section 621 (3), definition of pre-grant process,\nparagraph (a)\nsubstitute\n(a) a government entity giving notice of an auction, tender, ballot or\ndirect sale; and\n[1.6] New section 622 (3A)\ninsert\n(3A) Despite section 52 (Effect of territory plan), the grant of a further\nlease on the application need not be consistent with the territory plan\nif the grant is consistent with the Territory Plan 2008 (NI2008-27)\n(repealed), as in force immediately before the commencement day.\n\n7 Expired transitional or validating provisions\n7 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":577}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":710},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original scope as a comprehensive planning and land management Act for the ACT. The 2023 Act consolidates and replaces previous planning legislation (Planning and Development Act 2007) while maintaining the established framework of strategic planning, development assessment, and lease-based land tenure that has characterised ACT planning law. The amendments visible (including Territory Priority Project provisions with sunset clauses) appear to be within the Act's core purpose rather than scope creep."},"complexity_factors":["524 sections across 20 chapters with extensive cross-referencing between parts","Multiple overlapping approval pathways (exempt, assessable, prohibited, significant development, territory priority projects)","Complex lease tenure system unique to the ACT (no freehold land) with concessional vs market-value distinctions","Environmental impact assessment with scoping documents, public consultation, inquiry panels, and offset management plans","Detailed procedural requirements for Territory Plan amendments including Legislative Assembly oversight and 18-month interim effect periods","Extensive defined terms (dictionary at end) with signpost definitions to other legislation","Nested conditions and exceptions throughout — e.g., s 148 authorised use exemptions with multiple carve-outs","Interaction with Commonwealth law (EPBC Act, National Capital Plan) creating dual approval requirements"],"plain_english_summary":"The Planning Act 2023 sets the ACT’s modern planning framework: it directs strategic growth, zones land through a Territory Plan, controls which developments need approval, requires environmental assessment and offsets for significant projects, and regulates leases and enforcement. \n\nIt affects developers, property owners, community groups, government agencies and residents with rights to comment and seek reviews. It matters because it balances Canberra’s growth, housing and infrastructure needs with environmental protection and federal National Capital Plan constraints."}},"importantCases":[],"_links":{"self":"/api/acts/planning-act-2023","history":"/api/acts/planning-act-2023/history","analysis":"/api/acts/planning-act-2023/analysis","conflicts":"/api/acts/planning-act-2023/conflicts","importantCases":"/api/acts/planning-act-2023/important-cases","documents":"/api/acts/planning-act-2023/documents"}}