{"id":"sl-2023-29","name":"Planning (Transitional Provisions) Regulation 2023","slug":"planning-transitional-provisions-regulation-2023","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"29 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173582,"registerId":"act-sl-2023-29-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Planning (Transitional Provisions) Regulation 2023","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPlanning (Transitional Provisions)\nRegulation 2023\nSL2023-29\nmade under the\nPlanning Act 2023\nRepublication No 1\nEffective: 27 November 2023\nRepublication date: 27 November 2023\nRegulation not amended\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Planning (Transitional Provisions) Regulation 2023, made under\nthe Planning Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3\n(Editorial changes)) as in force on 27 November 2023. It also includes any commencement,\nrepeal or expiry affecting this republished law.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial amendments\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n27/11/23\nPlanning (Transitional Provisions) Regulation 2023\nEffective: 27/11/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPlanning (Transitional Provisions)\nRegulation 2023\nmade under the\nPlanning Act 2023\nContents\nPage\n1 Name of regulation 2\n3 Notes 2\n4 Modification of Act, ch 20—Act, s 601 2\n5 Expiry 2\nSchedule 1 Modification of Act 3\nEndnotes\n1 About the endnotes 6\n2 Abbreviation key 6\n\nContents\nPage\ncontents 2 Planning (Transitional Provisions) Regulation 2023\nEffective: 27/11/23\nR1\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history 7\n4 Amendment history 7\n\nR1\n27/11/23\nPlanning (Transitional Provisions) Regulation 2023\nEffective: 27/11/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPlanning (Transitional Provisions)\nRegulation 2023\nmade under the\nPlanning Act 2023\n\nSection 1\npage 2 Planning (Transitional Provisions) Regulation 2023\nEffective: 27/11/23\nR1\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Planning (Transitional Provisions)\nRegulation 2023.\n3 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n4 Modification of Act, ch 20—Act, s 601\nThe Act, chapter 20 is modified by schedule 1.\n5 Expiry\nThis regulation expires on the day the Act, section 602 (Expiry—\nch 20) expires.\n\nModification of Act Schedule 1\nAmendment [1.1]\nR1\n27/11/23\nPlanning (Transitional Provisions) Regulation 2023\nEffective: 27/11/23\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Modification of Act\n(see s 4)\n[1.1] New section 609 (4) to (8)\ninsert\n(4) An interim territory plan is taken, for all purposes, to be the territory\nplan.\n(5) To avoid any doubt, an interim territory plan may be amended in\naccordance with part 5.2 (Territory plan—major plan amendments)\nor part 5.3 (Territory plan—minor plan amendments).\n(6) If an interim territory plan is amended during the inquiry period for\nthe plan, the territory planning authority must give the relevant\nAssembly committee written notice of the amendment within 5 days\nof the amendment being made.\n(7) An amendment of an interim territory plan is not invalid only because\nthe territory planning authority has not complied with subsection (6).\n(8) In this section:\ninquiry period, for an interim territory plan, means the period\nbeginning on the day the Minister gives the relevant Assembly\ncommittee the territory plan under section 608 (1) and ending—\n(a) if the committee decides not to hold an inquiry—on the day the\ncommittee gives the Minister notice of the decision under\nsection 608 (2) (a); or\n(b) if the committee decides to hold an inquiry—on the day the\ncommittee reports to the Minister under section 608 (2) (b).\n\nSchedule 1 Modification of Act\nAmendment [1.2]\npage 4 Planning (Transitional Provisions) Regulation 2023\nEffective: 27/11/23\nR1\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.2] Section 610 (3) (b)\nsubstitute\n(b) confirm the interim territory plan approved under\nsection 609 (2) (whether or not the interim territory plan has\nbeen amended).\n[1.3] New section 610 (4A)\ninsert\n(4A) A resolution by the Legislative Assembly under subsection (3) does\nnot affect—\n(a) any major plan amendment of the interim plan started, but not\ncommenced, before the resolution; or\n(b) any minor amendment of the interim plan for which limited\nconsultation has been undertaken, but the amendment has not\ncommenced, before the resolution.\nNote For when a major plan amendment starts, see s 53 (1).\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\nModification of Act Schedule 1\nAmendment [1.5]\nR1\n27/11/23\nPlanning (Transitional Provisions) Regulation 2023\nEffective: 27/11/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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\nEndnotes\n1 About the endnotes\npage 6 Planning (Transitional Provisions) Regulation 2023\nEffective: 27/11/23\nR1\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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\nEndnotes\nLegislation history 3\nR1\n27/11/23\nPlanning (Transitional Provisions) Regulation 2023\nEffective: 27/11/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\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\nAct 2023 A2023-18, s 2 (2) and CN2023-10)\nNote Regulation exp 27 November 2026 (s 5 and see Planning\nAct 2023 A2023-18, s 602)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original transitional purpose. It contains only the necessary technical amendments to bridge the old and new planning regimes without expanding into broader planning policy matters."},"complexity_factors":["Very short instrument (7 pages, 5 substantive sections)","Only 6 technical amendments to the parent Act, all contained in a single Schedule","Minimal defined terms (only 'inquiry period' is defined within the modifications)","Straightforward conditional logic (simple 'if/then' provisions for timing of lease grants and plan amendments)","No nested exceptions or cross-referencing maze—each provision operates independently","Single purpose instrument with clear sunset clause (expiry tied to parent Act provision)"],"plain_english_summary":"This Regulation provides a temporary bridge from the Territory Plan 2008 to the Planning Act 2023, treating the interim Territory Plan as effective while the Assembly reviews it and protecting ongoing sales, leases and lease renewals started under the old rules. It preserves vested rights for developers, landowners and the ACT government, avoids legal gaps during the handover, and expires in November 2026."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation broadens the immediate legal effect of an interim territory plan by declaring it to be the territory plan for all purposes and allows that interim plan to be amended (ss 609(4)–(5)). It also carves out consistency requirements for certain lease grants and renewals so they may be valid if consistent with the earlier Territory Plan 2008 despite the new plan (ss 621(2A)–(2B), 622(3A)). These modifications alter the Act’s operational scope during the transition period and are time‑limited by the regulation’s expiry (s 5)."},"complexity_factors":["Cross-references to multiple Planning Act provisions (ch 20, ss 608–610, 621–622) requiring readers to consult the Act for full effect","Introduces timing and notification rules (5‑day notice to Assembly committee during an 'inquiry period') that interact with committee decisions (s 609(6)–(8))","Creates exceptions to the territory plan consistency requirement for certain lease grants by reference to the repealed Territory Plan 2008 (ss 621(2A)–(2B), 622(3A))","Preserves legal effect despite procedural non‑compliance (amendments not invalidated for failure to notify) (s 609(7))","Temporary/expiry linkage to the Act’s ch 20 expiry (s 5) so effects are time-limited and contingent on commencement/expiry timing"],"plain_english_summary":"This regulation makes short-term changes to how the new Planning Act applies while the territory transitions to a new territory plan. It treats an interim territory plan as the operative territory plan, allows that interim plan to be amended (including during the Assembly’s inquiry period), and preserves the ability to grant or vary leases consistent with the prior Territory Plan 2008 even if they would not fit the new plan. It affects the territory planning authority, the Minister, the Legislative Assembly committee, lease applicants and government entities running sales or tenders."}},"importantCases":[],"_links":{"self":"/api/acts/planning-transitional-provisions-regulation-2023","history":"/api/acts/planning-transitional-provisions-regulation-2023/history","analysis":"/api/acts/planning-transitional-provisions-regulation-2023/analysis","conflicts":"/api/acts/planning-transitional-provisions-regulation-2023/conflicts","importantCases":"/api/acts/planning-transitional-provisions-regulation-2023/important-cases","documents":"/api/acts/planning-transitional-provisions-regulation-2023/documents"}}