{"id":"a-2013-3","name":"Public Unleased Land Act 2013","slug":"public-unleased-land-act-2013","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"3 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24223,"registerId":"act-a-2013-3-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 Public Unleased Land Act 2013.\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 ‘registered operator––see the Road\nTransport (Vehicle Registration) Act 1999, dictionary.’ means that the\nterm ‘registered operator’ is defined in that dictionary and the definition\napplies 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\nPreliminary Part 1\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","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Object of Act","content":"6 Object of Act\nThe main objects of this Act are to—\n(a) protect the amenity and natural value of public unleased land;\nand\n(b) facilitate the use of public unleased land.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act to Territory","content":"7 Application of Act to Territory\n(1) The following sections do not bind the Territory:\n(a) section 16 (Offence—fail to comply with drainage direction);\n(b) section 20 (Offence—carry out work on public unleased land\nwithout approval);\n(c) section 22 (Offence—fail to comply with repair damage\ndirection).\n(2) This section has effect despite the Legislation Act, section 121\n(Binding effect of Acts).\n\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of public unleased land","content":"8 Meaning of public unleased land\npublic unleased land means unleased territory land that—\n(a) the public is entitled to use; or\n(b) is open to, or used by, the public.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of public road","content":"9 Meaning of public road\npublic road means any street, road, lane, thoroughfare, footpath, or\nplace that is—\n(a) territory land; and\n(b) open to, or used by, the public.\n","sortOrder":7},{"sectionNumber":"9A","sectionType":"section","heading":"Meaning of carries on business as a hawker","content":"9A Meaning of carries on business as a hawker\nFor this Act, a person carries on business as a hawker—\n(a) if the person carries on an itinerant business selling—\n(i) goods carried by the person, or by a vehicle used by the\nperson; or\n(ii) services provided by the person, or provided from a vehicle\nused by the person; or\n(b) if the person sells goods or services for a person mentioned in\nparagraph (a).\n\nPublic roads Division 2.1\n","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Managing and protecting public","content":"Part 2 Managing and protecting public\nunleased land\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Director-general may fix or change public road levels","content":"10 Director-general may fix or change public road levels\n(1) The director-general may fix or change the level of a public road.\n(2) Before deciding whether to fix or change a level, the director-general\nmust—\n(a) at least 30 days before the level is to be fixed or changed—twice\ngive public notice about the proposal to fix or change the level;\nand\n(b) give anyone interested in the proposal an opportunity to be heard\nabout the proposal.\nNote Public notice means notice on an ACT government website or in a daily\n(3) The public notice must state—\n(a) the name and location of the road; and\n(b) where plans of the proposal may be inspected; and\n(c) where and when anyone interested in the proposal may be heard.\n(4) The director-general must hear anyone interested in the proposal at\nthe time and place mentioned in the notice.\n(5) In deciding whether to fix or change the level, the director-general\nmust consider submissions made at the hearing.\n\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Director-general may temporarily close public roads","content":"11 Director-general may temporarily close public roads\n(1) The director-general may temporarily close a public road (a closed\nroad).\n(2) Before closing a public road, the director-general must—\n(a) at least 7 days before the road is to be closed—give public notice\nabout the proposal to close the road; and\n(b) display a notice about the proposal to close the road in a\nconspicuous place at the road.\nNote Public notice means notice on an ACT government website or in a daily\n(3) Subsection (2) does not apply in urgent circumstances.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Approval to use closed road","content":"12 Approval to use closed road\n(1) A person may apply to the director-general for approval (a closed\nroad approval) to use a closed road.\n(i) why the closed road should not be used; or\n(ii) how the closed road should be used.\n(3) In deciding whether to issue an approval, the director-general must\n(a) whether the use would be likely to—\n(i) cause undue risk to people or property; or\n\nPublic roads Division 2.1\n(ii) damage the road; and\n(4) The director-general may issue an approval only if reasonably\nsatisfied that use of the road in accordance with the approval would\nnot be likely to cause unacceptable risk to people, property or the\nroad.\n(5) An approval may be subject to any condition that the director-general\nreasonably believes is necessary for the management or protection of\nthe road.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Offence—use closed road without approval","content":"13 Offence—use closed road without approval\n(a) uses a closed road; and\n(b) does not hold a closed road approval authorising the use of the\nclosed road.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Director-general may make temporary public roads","content":"14 Director-general may make temporary public roads\n(1) This section applies if the director-general—\n(a) temporarily closes a public road under section 11\n(Director-general may temporarily close public roads); and\n(b) considers that it is necessary to make a temporary road for use\nwhile the road is closed.\n(2) The director-general may make a temporary public road.\n(3) However, if the land for the temporary public road is fenced, the\ndirector-general must tell the occupier or owner of the land about the\ntemporary public road at least 24 hours before making the temporary\npublic road.\n\n","sortOrder":14},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Drainage affecting public unleased land","content":"Division 2.2 Drainage affecting public unleased land\n(4) Subsection (3) does not apply in urgent circumstances.\n(5) The Territory is liable for any damage caused in making the\ntemporary public road, other than any minor damage that is incidental\nto the making of the temporary public road.\nDivision 2.2 Drainage affecting public unleased\nland\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Directions to construct surface water drains","content":"15 Directions to construct surface water drains\n(1) This section applies if surface water from land—\n(a) overflows into public unleased land; and\n(b) damages the public unleased land.\n(2) The director-general may direct (a drainage direction) the land owner\nto do 1 or more of the following:\n(a) repair the damage;\n(b) construct stated drains.\n(3) A drainage direction must be in writing and state—\n(a) if damage is to be repaired—\n(i) the public unleased land; and\n(ii) the damage to be repaired; and\n(b) if a drain is to be constructed—\n(i) the location of the drain; and\n(ii) the size of the drain; and\n(iii) that the owner must maintain the drain in good condition;\nand\n(c) when the direction must be complied with, being a day at least\n1 month after the direction is given to the owner.\n\nDrainage affecting public unleased land Division 2.2\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Offence—fail to comply with drainage direction","content":"16 Offence—fail to comply with drainage direction\n(a) is subject to a drainage direction; and\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Construction of drains by Territory","content":"17 Construction of drains by Territory\n(1) This section applies if a land owner—\n(a) is subject to a drainage direction; and\n(a) if a drain has not been constructed or maintained as directed—\n(i) enter onto the land mentioned in the drainage direction,\nwith the assistance that the director-general considers\nnecessary; and\n(ii) construct or maintain the drains mentioned in the drainage\ndirection; and\n(iii) recover the reasonable costs of the construction or\nmaintenance from the land owner; and\n(b) if damage to public unleased land has not been repaired as\ndirected—\n(i) repair the damage; and\n\n(ii) recover the reasonable costs of repairing the damage from\nthe land owner.\nNote 1 Powers of entry are further dealt with in div 4.5.\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Meaning of work on public unleased land","content":"18 Meaning of work on public unleased land\nwork, on public unleased land, includes—\n(a) any interference with Territory property on the public unleased\n(b) construction work carried out on the public unleased land.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Approval to carry out work on public unleased land","content":"19 Approval to carry out work on public unleased land\n(1) A person may apply to the director-general for approval (a work\napproval) to carry out work on public unleased land.\n(i) why the work should not be carried out; or\n(ii) how the work should be carried out.\n(3) If the public unleased land is a reserve, the director-general must\nconsult the conservator about the application.\n\nWork on public unleased land Division 2.3\n(4) In deciding whether to issue an approval, the director-general must\n(a) whether the work would be likely to—\n(i) cause undue disturbance, inconvenience or offence to\npeople lawfully on or near the public unleased land; or\n(ii) cause undue risk to people or property; or\n(iii) damage the public unleased land; and\n(iv) damage a protected tree, or be prohibited groundwork in\nthe protection zone of a protected tree; and\n(5) The director-general may issue an approval only if reasonably\nsatisfied that carrying out the work in accordance with the approval\nwould not be likely to—\n(a) unacceptably affect people lawfully on or near the public\n(b) cause unacceptable risk to people, property or the public\n(c) cause unacceptable damage to a protected tree.\nNote Under the Urban Forest Act 2023, s 92, an applicant for a work\napproval may be required to enter into a tree bond agreement if a\nprotected tree is at risk of damage because of work carried out\nunder the approval.\n(6) An approval may be subject to any condition that the director-general\nreasonably believes is necessary to—\n(a) eliminate an effect or risk mentioned in subsection (5); or\n\n(b) if the effect or risk cannot be eliminated—minimise the effect or\nrisk.\nExamples—conditions\n1 that the work site be lit from sunset to sunrise\n2 that the work site be fenced\n(7) In this section:\nprohibited groundwork—see the Urban Forest Act 2023, section 15.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Offence—carry out work on public unleased land without","content":"20 Offence—carry out work on public unleased land without\napproval\n(a) carries out work on public unleased land; and\n(b) does not hold a work approval authorising the carrying out of\nthe work on the public unleased land.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Directions to repair damage to public unleased land","content":"21 Directions to repair damage to public unleased land\n(a) a person causes damage to—\n(i) public unleased land; or\n(ii) Territory property on public unleased land; and\nExample—Territory property on public unleased land\n1 boundary mark\n2 public notice\n\nDamage to public unleased land Division 2.4\n(b) the damage is not authorised under—\n(i) an approval under this Act; or\nExamples—approvals that may authorise damage\n1 closed road approval\n2 work approval\n(ii) a public unleased land permit; or\n(iii) a nature conservation licence under the Nature\nConservation Act 2014, section 262 (What is a nature\nconservation licence?).\n(2) The director-general may direct (a repair damage direction) the\nperson to repair the damage.\n(3) A repair damage direction must be in writing and state—\n(a) the public unleased land and Territory property (if any); and\n(b) the damage to be repaired; and\n(c) when the direction must be complied with, being a day at least\n1 month after the direction is given to the person.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Offence—fail to comply with repair damage direction","content":"22 Offence—fail to comply with repair damage direction\n(a) is subject to a repair damage direction; and\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Repair of damage by Territory","content":"23 Repair of damage by Territory\n(1) This section applies if a person—\n(a) is subject to a repair damage direction; and\n\n(a) repair the damage; and\n(b) recover the reasonable costs of repairing the damage from the\nperson.\nNote An amount owing under a law may be recovered as a debt in a court\nof competent jurisdiction or the ACAT (see Legislation Act, s 177).\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Meaning of sign on public unleased land","content":"24 Meaning of sign on public unleased land\nIn this Act—\nsign, on public unleased land, includes—\n(a) an advertisement; and\n(b) a public notice.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Approval to place sign on public unleased land","content":"25 Approval to place sign on public unleased land\n(1) A person may apply to the director-general for approval (a sign\napproval) to place a sign on public unleased land.\n(i) why the sign should not be placed on the public unleased\nland; or\n\nSigns on public unleased land Division 2.5\n(ii) how the sign should be placed on the public unleased land.\n(3) In deciding whether to issue an approval, the director-general must\n(a) whether the placement of the sign would be likely to—\n(i) cause undue disturbance, inconvenience or offence to\npeople lawfully on or near the public unleased land; or\n(ii) cause undue risk to people or property; or\n(iii) damage the public unleased land; and\n(4) The director-general may issue an approval only if satisfied that\nplacing the sign in accordance with the approval would not be likely\nto—\n(a) unacceptably affect people lawfully on or near the public\n(b) cause unacceptable risk to people, property or the public\n(5) If the sign is a movable sign, the approval is subject to the condition\nthat the placement and keeping of the sign must comply with the\nmovable signs code of practice.\n(6) An approval may be subject to any other condition that the\ndirector-general reasonably believes is necessary for the management\nor protection of the public unleased land.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Offence—place fixed sign on public unleased land","content":"26 Offence—place fixed sign on public unleased land\nwithout approval\n(a) places a fixed sign on public unleased land; and\n\n(b) does not hold a sign approval authorising the placing of the sign\non the public unleased land.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Movable signs code of practice","content":"27 Movable signs code of practice\n(1) The Minister may approve a code of practice about movable signs on\npublic unleased land (a movable signs code of practice).\n(2) A movable signs code of practice may include provisions about 1 or\nmore of the following matters:\n(a) the construction of movable signs on public unleased land;\n(b) the size of movable signs on public unleased land;\n(c) the location of movable signs on public unleased land;\n(d) the words or images that may be displayed on movable signs on\npublic unleased land;\n(e) the number of movable signs that may be placed on public\nunleased land;\n(f) the kind of insurance policy that a person placing a movable sign\non public unleased land must hold.\n(3) An approved code of practice is a disallowable instrument.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Offence—fail to comply with code of practice","content":"28 Offence—fail to comply with code of practice\n(a) the person places a movable sign on public unleased land; and\n(i) the person fails to comply with the movable signs code of\npractice; or\n\nSigns on public unleased land Division 2.5\n(ii) the sign does not comply with the movable signs code of\npractice.\nMaximum penalty:\n(a) if the failure relates to insurance—50 penalty units; or\n(b) if the failure does not relate to insurance—10 penalty units.\n(2) A person commits an offence if—\n(a) the person places, or causes to be placed, an electoral advertising\nsign on public unleased land; and\n(b) the person fails to comply with the movable signs code of\npractice for the sign; and\n(c) the failure relates to either—\n(i) the number of signs that may be placed on public unleased\nland; or\n(ii) the sign being placed on public unleased land that is\nadjacent to a designated public road.\n(3) An offence against this section is a strict liability offence.\n(4) In this section:\ndesignated public road means a public road, or part of a public road,\nprescribed by the movable signs code or practice.\nelectoral advertising sign means a movable sign that contains\nelectoral matter.\nelectoral matter—\n(a) means any matter that is intended, or is likely, to affect voting\nin an ACT, Commonwealth or State election or referendum; and\n\n(b) includes any matter that contains an express or implied reference\nto—\n(i) an ACT, Commonwealth or State election or referendum;\nor\n(ii) any matter on which electors are required to vote in an\nACT, Commonwealth or State election or referendum.\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Territory indemnified regarding movable signs","content":"29 Territory indemnified regarding movable signs\nA person who places a movable sign on public unleased land is liable\nto indemnify the Territory for any liability the Territory incurs as a\nresult of the movable sign being on the public unleased land.\nDivision 2.6 Trees and other plants affecting\npublic unleased land\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Definitions—div 2.6","content":"30 Definitions—div 2.6\nIn this division:\nleased land—see the Urban Forest Act 2023, dictionary.\nregistered tree—see the Urban Forest Act 2023, section 10.\ntree damaging activity approval means an approval under the Urban\nForest Act 2023—\n(a) section 28 (Approval application—decision); or\n(b) section 32 (Approval in urgent circumstances or for minor\nworks).\n\nTrees and other plants affecting public unleased land Division 2.6\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Direction to prune tree etc overhanging public unleased","content":"31 Direction to prune tree etc overhanging public unleased\nland\ngrounds that a tree or other plant on leased land is—\n(a) overhanging public unleased land; and\n(b) likely to obstruct or inconvenience anyone on the public\nExample—other plant\na hedge\n(2) The director-general may direct (a plant pruning direction) the\noccupier of the land on which the tree or other plant is growing to\nprune the tree or other plant.\n(3) However, if the tree or other plant is a registered tree and the pruning\nwould or may damage the tree, a tree damaging activity approval for\nthe pruning must be in force before the director-general issues the\nplant pruning direction.\nNote A tree damaging activity approval is not needed for a regulated tree\nbecause anything done in relation to a regulated tree under a plant pruning\ndirection is an exception to an offence under the Urban Forest Act 2023,\ns 16 or s 17 (see that Act, s 18 (1) (e) (i)).\n(4) The plant pruning direction must—\n(b) state the public unleased land; and\n(c) identify the tree or other plant; and\n(d) state how the tree or plant must be pruned; and\n(e) state when the direction must be complied with, being a day at\nleast 7 days after the direction is given to the occupier; and\n(f) if subsection (3) applies to the tree or other plant—be\naccompanied by the tree damaging activity approval.\n\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Offence—fail to comply with plant pruning direction","content":"32 Offence—fail to comply with plant pruning direction\n(a) is subject to a plant pruning direction; and\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Pruning of tree etc by Territory","content":"33 Pruning of tree etc by Territory\n(1) This section applies if an occupier—\n(a) is subject to a plant pruning direction; and\n(a) enter onto the land mentioned in the plant pruning direction,\nwith the assistance that the director-general considers necessary;\nand\nNote Powers of entry are further dealt with in div 4.5.\n(b) prune the tree or other plant as mentioned in the plant pruning\ndirection; and\n(c) recover the reasonable costs of the pruning from the occupier.\nNote An amount owing under a law may be recovered as a debt in a court\nof competent jurisdiction or the ACAT (see Legislation Act, s 177).\n\nTrees and other plants affecting public unleased land Division 2.6\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Direction to remove tree etc endangering public on public","content":"34 Direction to remove tree etc endangering public on public\nunleased land\ngrounds that a tree or other plant on leased land endangers the safety\nof anyone on public unleased land.\nExample—tree or plant endangering safety of person on public unleased\nland\ntree obstructing vision of drivers on public road\n(2) The director-general may direct (a plant removal direction) the\noccupier of the land on which the tree or other plant is growing to\nimmediately remove the tree or plant.\n(3) However, if the tree or other plant is a registered tree, a tree damaging\nactivity approval for the removal must be in force before the\ndirector-general issues the plant removal direction.\nNote A tree damaging activity approval is not needed for a regulated tree\nbecause anything done in relation to a regulated tree under a plant\nremoval direction is an exception to an offence under the Urban Forest\nAct 2023, s 16 or s 17 (see that Act, s 18 (1) (e) (ii)).\n(4) The plant removal direction must—\n(b) state the public unleased land; and\n(c) identify the tree or other plant; and\n(d) state when the direction must be complied with, being a day at\nleast 5 days after the direction is given to the occupier; and\n(e) if subsection (3) applies to the tree or other plant—be\naccompanied by the tree damaging activity approval.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Offence—fail to comply with plant removal direction","content":"35 Offence—fail to comply with plant removal direction\n(a) is subject to a plant removal direction; and\n\nMaximum penalty: 50 penalty units.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Removal of tree etc by Territory","content":"36 Removal of tree etc by Territory\n(1) This section applies if an occupier—\n(a) is subject to a plant removal direction; and\n(a) enter onto the land mentioned in the plant removal direction,\nwith the assistance that the director-general considers necessary;\nand\n(b) remove the tree or other plant; and\n(c) recover the reasonable costs of the pruning from the occupier.\nNote 1 Powers of entry are further dealt with in div 4.5.\nDivision 2.7 Graffiti visible from public unleased\nland\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Meaning of occupier of leased territory land—div 2.7","content":"37 Meaning of occupier of leased territory land—div 2.7\nIn this division:\noccupier, of leased territory land, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the land.\n\nGraffiti visible from public unleased land Division 2.7\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Graffiti removal from property on leased territory land","content":"38 Graffiti removal from property on leased territory land\n(1) This section applies to graffiti on property on leased territory land if\nthe graffiti is visible from public unleased land.\n(2) An authorised person may remove the graffiti with the consent of the\noccupier of the land.\n(3) An authorised person may remove the graffiti without the consent of\nthe occupier of the land if an authorised person has, immediately\nbefore the graffiti removal work is to be carried out, taken reasonable\nsteps to tell the occupier that the work is to be carried out.\n(4) However, graffiti removal work under subsection (3) must be carried\nout only from public unleased land.\n(5) After graffiti removal work under subsection (2) or (3) has been\ncarried out, an authorised person must tell the occupier of the land, in\nwriting—\n(a) that the work has been carried out; and\n(b) about the effect of section 39.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Graffiti removal—liability of the Territory","content":"39 Graffiti removal—liability of the Territory\n(1) The cost of graffiti removal work under section 38 is payable by the\nTerritory.\n(2) The Territory is liable for any damage caused to the property in\ncarrying out graffiti removal work, other than any minor damage that\nis incidental to the removal of the graffiti.\nExamples—minor incidental damage\n1 minor discoloration of the surface from which the graffiti is removed\n2 minor variations in the colour and application of paintwork\n\n(3) The Territory is not liable for any failure to completely remove any\ngraffiti.\n(4) To remove any doubt, the Territory is not required to—\n(a) carry out any graffiti removal work; or\n(b) restore any property to its former state before graffiti was\napplied to it.\n\nImportant concepts Division 3.1\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"What is a public unleased land permit?","content":"40 What is a public unleased land permit?\npublic unleased land permit means a permit that authorises the\npermit-holder to exclusively use stated public unleased land (the\npermitted public unleased land)—\n(a) at a stated time (the permitted time); and\n(b) for a stated activity (the permitted activity).\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"When does a person use public unleased land?—pt 3","content":"41 When does a person use public unleased land?—pt 3\n(1) In this part:\nuse, public unleased land—a person uses public unleased land if the\nperson carries on an activity on the public unleased land in a way that\nexcludes some or all members of the public from the place.\nExamples—using public unleased land\n1 placing tables and chairs on the footpath outside a cafe\n2 placing a construction skip on a footpath\n3 placing a charity bin on a footpath\n4 holding markets on unleased land\n5 holding a concert in a park\n6 holding a wedding in a park\n7 parking a car in a park\n8 a person carrying on business as a hawker sells goods from their van for more\nthan 30 minutes\n\n(2) However, the Minister may declare that an activity on public unleased\nland is, or is not, use of the public unleased land for this part.\nAn activity that excludes some members of the public from the land may be\ndeclared to not be ‘use’ if carried on in certain circumstances or at a particular time.\n(3) A declaration is a disallowable instrument.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Who is an influential person for a corporation?—pt 3","content":"42 Who is an influential person for a corporation?—pt 3\n(1) In this part:\ninfluential person, for a corporation, means any of the following:\n(a) an executive officer of the corporation;\n(b) a person who may exercise a relevant power in relation to the\ncorporation;\n(c) a related corporation;\n(d) an executive officer of a related corporation.\n(2) In this section:\nrelated corporation means a related body corporate under the\nCorporations Act.\nrelevant power, for a corporation, means a power—\n(a) to take part in a directorial, managerial or executive decision for\nthe corporation; or\n(b) to elect or appoint a person as an executive officer in the\ncorporation; or\n(c) to exercise a significant influence in relation to the conduct of\nthe corporation.\n\nPublic unleased land permits—offences Division 3.2\n","sortOrder":43},{"sectionNumber":"Div 3","sectionType":"division","heading":"2 Public unleased land permits—","content":"Division 3.2 Public unleased land permits—\noffences\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Offence—use public unleased land without permit","content":"43 Offence—use public unleased land without permit\n(a) uses public unleased land; and\n(b) does not hold a public unleased land permit authorising the use.\n(3) This section does not apply to a person if the person—\n(a) holds a work approval or sign approval for the public unleased\n(b) uses the public unleased land in accordance with the approval.\n(4) This section does not apply to a person if the person—\n(a) holds a licence under the—\n(i) Planning Act 2023, section 378 (Decision on licence\napplications for unleased land), to occupy or use the public\nunleased land; or\n(ii) Nature Conservation Act 2014, section 262 (What is a\nnature conservation licence?), authorising the person to\ncarry on an activity on the land; and\n(b) occupies or uses the public unleased land in accordance with the\nlicence.\n\nDivision 3.2 Public unleased land permits—offences\n(5) This section does not apply to a person carrying out an activity in a\nreserve if—\n(a) an activities declaration under the Nature Conservation\nAct 2014 is in force for the reserve, providing that the activity\nmay be carried out in the reserve if stated directions or\nrequirements are complied with; and\n(b) the person complies with the stated directions or requirements.\n(6) This section does not apply to a person—\n(a) if the person carries on business as a hawker for not more than\n30 minutes at a time in a single location; and\n(b) if each location at which the person carries on business as a\nhawker is at least 180m away from commercial premises that\nsells similar goods or services to the goods or services available\nfrom the person carrying on business as a hawker.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Offence—fail to comply with condition of permit","content":"44 Offence—fail to comply with condition of permit\n(a) the person holds a public unleased land permit; and\n(b) the permit is subject to a condition; and\n(c) the person fails to comply with the condition.\nMaximum penalty:\n(a) if the condition is not a financial assurance condition—\n20 penalty units; or\n(b) if the condition is a financial assurance condition—\n30 penalty units.\n\nPublic unleased land permits—application Division 3.3\nDivision 3.3 Public unleased land permits—\napplication\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Public unleased land permit—application","content":"45 Public unleased land permit—application\n(1) A person may apply to the director-general for a public unleased land\n(2) The application must—\n(b) state—\n(i) the public unleased land for the permit; and\nNote Some activities are not permitted in wilderness areas\n(see s 57 (3)).\n(ii) the times for the permit; and\n(iii) the activity for the permit; and\n(c) include complete details of suitability information about—\n(i) the applicant; and\n(ii) if the applicant is a corporation—each influential person\nfor the applicant; and\n(iii) the activity for the permit; and\nNote Suitability information, about a person—see s 47.\nSuitability information, about an activity—see s 50.\n(d) include a plan (a location plan) that—\n(i) is drawn to scale; and\n\nDivision 3.4 Public unleased land permits—suitability of people\n(ii) clearly shows—\n(A) the location, boundaries and dimensions of the public\nunleased land for the permit; and\n(B) the position of the activity on the public unleased\n(C) the location of any protected trees on the public\nNote Giving false or misleading information is an offence against the Criminal\nDivision 3.4 Public unleased land permits—\nsuitability of people\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Who is a suitable person to hold a public unleased land","content":"46 Who is a suitable person to hold a public unleased land\npermit?\n(1) In this Act:\nsuitable person, to hold a public unleased land permit, means a\nperson who the director-general is satisfied is a suitable person to hold\nthe permit.\n(2) In deciding whether a person is a suitable person to hold a public\nunleased land permit, the director-general must consider each of the\n(a) suitability information about the person;\n(b) any information given to the director-general under section 48\n(Suitability of people—further information about people).\n\nPublic unleased land permits—suitability of people Division 3.4\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"What is suitability information about a person?","content":"47 What is suitability information about a person?\nsuitability information, about a person, means information about the\n(a) any conviction of, or finding of guilt against, the person for an\noffence against 1 or more of the following:\n(i) this Act;\n(ii) a law of another jurisdiction corresponding, or\nsubstantially corresponding, to this Act;\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(b) any proven noncompliance by the person with a legal obligation\nin relation to carrying on an activity on public unleased land;\nfailing to comply with a direction to remove an object (see s 96)\n(c) any refusal of an application by the person for a licence, permit\nor other authority (however described) to carry on an activity on\npublic unleased land;\nA person has had an application refused for a licence under the Planning\nAct 2023, s 378, to occupy or use an area of unleased land.\n(d) any other matter relevant to the person’s ability to safely and\nresponsibly carry on an activity on public unleased land.\n\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Suitability of people—further information about people","content":"48 Suitability of people—further information about people\n(1) This section applies if the director-general is making a decision about\nwhether a person is a suitable person to hold a public unleased land\n(2) The director-general may, by written notice given to the person\n(a personal information notice), require the person to give the\ndirector-general stated information about 1 or more of the following\npeople, not later than a stated reasonable time:\n(a) the person;\n(b) if the person is a corporation—an influential person for the\nperson.\n(3) The director-general need not decide whether a person is a suitable\nperson to hold a public unleased land permit if—\n(a) the director-general has given the person a personal information\nnotice; and\n(b) the person does not comply with the notice.\nDivision 3.5 Public unleased land permits—\nsuitability of activities\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"What is a suitable activity for a public unleased land","content":"49 What is a suitable activity for a public unleased land\npermit?\n(1) In this Act:\nsuitable activity, for a public unleased land permit, means an activity\nthat the director-general is satisfied is suitable for the permit.\n(2) In deciding whether an activity is suitable for a public unleased land\npermit, the director-general must consider each of the following:\n(a) suitability information about the activity;\n\n(b) the location plan given to the director-general with the\napplication;\n(c) any information about the activity given to the director-general\nunder section 51 (Suitability of activities—further information\nabout activity);\n(d) any approval, licence, permit or other authority for the activity\ngiven to the director-general under section 52 (Suitability of\nactivities—other approvals);\n(e) any submission about the activity received by the\ndirector-general under—\n(i) section 53 (Suitability of activities—public consultation);\nor\n(ii) section 54 (Suitability of activities—public consultation\nsubmissions);\n(f) any risk management plan given to the director-general under\nsection 55 (Suitability of activities—risk management plan);\n(g) the results of any inspection of an object by the director-general\nunder section 56 (Suitability of activities—inspection of object).\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"What is suitability information about an activity?","content":"50 What is suitability information about an activity?\nsuitability information, about an activity, means information about\nthe following:\n(a) if the activity involves placing an object on public unleased\nland—the following information:\n(i) the nature of the object;\n(ii) the size of the object;\n(iii) the intended use of the object;\n\n(iv) if the object is not to remain on the public unleased land at\nall times during the public unleased land permit—when the\nobject will be on the public unleased land;\n(v) any risks that the placement of the object may cause to the\npublic, and how the risks are to be minimised;\n(vi) if placement of the object requires construction work on\nthe public unleased land—\n(A) the nature of the work; and\n(B) any risks that the construction work may cause to the\npublic, and how the risks are to be minimised; and\n(vii) if there is a protected tree on the public unleased land—any\nrisks that the placement of the object may pose to the tree,\nand how those risks are to be minimised;\n(viii) any other matter relevant to the appropriateness of the\nobject on the public unleased land;\n(b) if the activity involves holding an event on public unleased\nland—the following information:\n(i) the nature of the event;\n(ii) the number of people expected to attend the event;\n(iii) if the event is not to be held on the public unleased land at\nall times during the public unleased land permit—when the\nevent will be held on the public unleased land;\n(iv) any risks that the holding of the event may cause to the\npublic, and how the risks are to be minimised;\n(v) if there is a protected tree on the public unleased land—any\nrisks that the holding of the event may pose to the tree, and\nhow those risks are to be minimised;\n\n(vi) any other matter relevant to the appropriateness of holding\nthe event on the public unleased land.\nNote The director-general must also consider suitability information for an\nactivity when deciding to amend or renew a public unleased land permit\n(see s 68, s 69 and s 74).\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Suitability of activities—further information about activity","content":"51 Suitability of activities—further information about activity\n(1) This section applies if the director-general is making a decision about\nwhether an activity is a suitable activity for a public unleased land\nactivity information notice), require the applicant to give the\ndirector-general stated information about the activity, not later than a\nstated reasonable time.\n(3) The director-general need not decide whether an activity is a suitable\nactivity for a public unleased land permit if—\n(a) the director-general has given the applicant an activity\ninformation notice; and\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Suitability of activities—other approvals","content":"52 Suitability of activities—other approvals\nactivity is a suitable activity for a public unleased land permit;\nand\n(b) carrying on the activity on the public unleased land in\naccordance with the permit would require an approval, licence,\npermit or other authority (however described) under another\nterritory law or Commonwealth law.\n\nadditional approval notice), require the applicant to give the\ndirector-general a copy of the stated approval, licence, permit or other\nauthority.\n(3) The director-general need not decide an application for a public\n(a) the director-general has given the applicant an additional\napproval notice; and\n","sortOrder":54},{"sectionNumber":"52A","sectionType":"section","heading":"Suitability of activities—consultation with conservator","content":"52A Suitability of activities—consultation with conservator\nactivity is a suitable activity for a public unleased land permit;\nand\n(b) the public unleased land is a reserve.\n(2) In making the decision, the director-general must consult the\nconservator.\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Suitability of activities—public consultation","content":"53 Suitability of activities—public consultation\n(1) This section applies if the director-general is—\n(a) making a decision about whether an activity is a suitable activity\nfor a public unleased land permit; and\n(b) satisfied that carrying on the activity on the public unleased land\nin accordance with the permit is likely to have significant impact\non people lawfully at adjacent or nearby places.\n\n(2) The director-general may, by written notice given to the applicant (a\npublic consultation notice), require the applicant to—\n(a) display a sign about the application on the public unleased land;\nand\n(b) give public notice about the application.\nNote 1 Public notice means notice on an ACT government website or in a daily\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n(3) The sign and notice must—\n(a) state—\n(i) the times for the public unleased land permit; and\n(ii) the activity for the public unleased land permit; and\n(iii) that anyone may give a written submission to the\ndirector-general about how the use of the public unleased\nland in accordance with the proposed permit may have\nsignificant impact on someone lawfully at adjacent or\nnearby places; and\n(iv) that submissions may be given to the director-general only\nduring the 15 working days after the date of the sign or\nnotice (the public consultation period); and\n(b) comply with the requirements prescribed by regulation.\n(4) A person who gives the director-general a submission about an\napplication may, in writing, withdraw the submission at any time\nbefore the application is decided.\n(5) The director-general need not decide an application for a public\n(a) the director-general has given the applicant a public consultation\nnotice; and\n\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Suitability of activities—public consultation submissions","content":"54 Suitability of activities—public consultation submissions\n(1) This section applies if the director-general—\n(a) receives a submission under section 53 (3); and\n(b) proposes to decide that the activity is not a suitable activity for\nthe public unleased land permit because of information\ncontained in the submission.\nNote The director-general may issue a public unleased land permit only if\nsatisfied that the activity is a suitable activity for the public unleased land\npermit (see s 57).\n(2) The director-general must give the applicant written notice of the\nproposed decision (a public consultation submission notice).\n(3) The notice must—\n(a) include a copy of the submission; and\n(b) state that—\n(i) the applicant may give a written submission to the\ndirector-general showing cause why the activity should not\nbe considered unsuitable for the public unleased land\n(ii) the applicant’s submission may be given to the\ndirector-general only during the 20 working days\n(the show cause period) after the date of the notice.\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Suitability of activities—risk management plan","content":"55 Suitability of activities—risk management plan\n(1) This section applies if the director-general is—\n(a) making a decision about whether an activity is a suitable activity\nfor a public unleased land permit; and\n\n(b) satisfied that carrying on the activity on the public unleased land\nin accordance with the public unleased land permit is likely to\ncause undue risk to people or property.\n(2) The director-general may, by written notice given to the applicant\n(a risk management plan notice), require the applicant to prepare a\nrisk management plan for the public unleased land permit.\n(3) The risk management plan must—\n(a) identify the risks to people and property; and\n(b) detail the procedures, practices and arrangements for\neliminating or minimising the risks.\n(4) The director-general need not decide an application for a public\n(a) the director-general has given the applicant a risk management\nplan notice; and\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Suitability of activities—inspection of object","content":"56 Suitability of activities—inspection of object\nactivity is suitable for a public unleased land permit; and\n(b) the activity involves placing an object on public unleased land.\ninspection notice), require the applicant to allow the director-general\nto inspect the object within a stated reasonable time.\n\n(3) The director-general need not decide whether an activity is a suitable\nactivity for a public unleased land permit if—\n(a) the director-general has given the applicant an inspection notice;\nand\nDivision 3.6 Public unleased land permits—\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Public unleased land permit—decision on application","content":"57 Public unleased land permit—decision on application\n(1) This section applies if the director-general receives an application for\na public unleased land permit.\n(2) The director-general may issue the public unleased land permit to the\napplicant only if reasonably satisfied that—\n(a) the applicant is a suitable person to hold the public unleased land\n(b) if the applicant is a corporation—each influential person for the\napplicant is a suitable person to hold the public unleased land\n(c) the activity is a suitable activity for the public unleased land\nNote Suitable person, to hold a public unleased land permit—see s 46.\n(3) However, the director-general must not issue a public unleased land\npermit to carry on any of the following activities in a wilderness area:\n(a) erect a building, booth, stall, post, sign or other structure;\n(b) supply goods or services.\n\nPublic unleased land permits—decision Division 3.6\n(4) A public unleased land permit may be subject to any condition that\nthe director-general reasonably believes is necessary to meet the\nobjectives of this Act.\nExamples—conditions\n1 that the permit-holder must hold a stated kind of insurance\n2 that the permit-holder must fence the permitted public unleased land\n3 a financial assurance condition (see s 60)\n4 that stated measures be put in place to avoid damage to a protected tree on the\nland\nNote Under the Urban Forest Act 2023, s 92 an applicant for a public unleased\nland permit may be required to enter into a tree bond agreement if a\nprotected tree is at risk of damage because of an activity to be carried out\nfor the permit.\n(5) The director-general must, not later than the required time—\n(a) decide the application; and\n(b) tell the applicant about the decision on the application.\n(6) In this section:\n\nNote Failure to issue a public unleased land permit within the required time is\ntaken to be a decision not to issue the public unleased land permit (see\nACT Civil and Administrative Tribunal Act 2008, s 12).\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Public unleased land permit—form","content":"58 Public unleased land permit—form\n(1) A public unleased land permit must—\n(b) include the following information:\n(i) the name of the permit-holder;\n(ii) the location of the permitted public unleased land;\n(iii) the permitted activity;\n(iv) the permitted times;\n(v) the term of the permit;\n(vi) the conditions on the permit;\n(vii) anything else prescribed by regulation.\n\n(2) A public unleased land permit may include anything else the\ndirector-general considers relevant.\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Public unleased land permit—term","content":"59 Public unleased land permit—term\n(1) A public unleased land permit starts on the day stated in the permit.\n(2) The director-general must not issue a public unleased land permit for\nlonger than 3 years.\n(3) A public unleased land permit expires on the day stated in the permit.\nDivision 3.7 Public unleased land permits—\nfinancial assurance conditions\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Meaning of financial assurance condition","content":"60 Meaning of financial assurance condition\nfinancial assurance condition, on a public unleased land permit,\nmeans a condition requiring the permit-holder to give the\ndirector-general a financial assurance of a stated kind and amount.\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Financial assurance condition—imposition","content":"61 Financial assurance condition—imposition\n(1) The director-general may impose a financial assurance condition on\na public unleased land permit if satisfied that it is justified having\nregard to—\n(a) the likelihood that the permitted activity will cause serious or\nmaterial damage to the permitted public unleased land; and\n(b) the likelihood that action will need to be taken in the future to\nrepair the damage; and\n(c) the financial assurance considerations (if any); and\nNote Financial assurance considerations—see s (5).\n(d) any other relevant matter.\n\n(2) A financial assurance must be in the form of—\n(a) a bank guarantee; or\n(b) a bond; or\n(c) an insurance policy; or\n(d) if the director-general reasonably believes that, in the\ncircumstances, the forms of assurance in paragraphs (a), (b) and\n(c) are not appropriate—another form of security that the\ndirector-general considers appropriate.\n(3) The director-general must not require financial assurance of an\namount greater than the total amount that the director-general\nreasonably believes is needed to repair the damage that could result\nfrom the activity.\n(4) A financial assurance must be given for the period stated in the\ncondition on the public unleased land permit.\n(5) The Minister may determine matters to be considered by the\ndirector-general in deciding whether to impose financial assurance\nconditions on public unleased land permits (financial assurance\nconsiderations).\n(6) A determination is a disallowable instrument.\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Financial assurance condition—show cause","content":"62 Financial assurance condition—show cause\n(1) If the director-general proposes to impose a financial assurance\ncondition on a public unleased land permit, the director-general must\ngive the applicant or permit-holder written notice of the intention to\nimpose the condition.\n(2) The notice must state—\n(a) the grounds for the proposed condition; and\n(b) the amount and form of the proposed financial assurance; and\n\n(c) that the applicant or permit-holder may give a written\nsubmission to the director-general showing cause why the\nproposed condition should not be imposed; and\n(d) that submissions may be given to the director-general only\nduring the 20 working days (the show cause period) after the\ndate of the notice.\n(3) The director-general must, within 20 working days after the end of\nthe show cause period—\n(a) consider any submissions received under subsection (2) (d); and\n(b) decide whether to impose the condition; and\n(c) tell the applicant or permit-holder (a decision notice)—\n(i) about the decision; and\n(ii) if the condition is to be imposed—when (the due date) the\nfinancial assurance must be provided.\n(4) The director-general must not decide a due date that is earlier than\n10 working days after the date of the decision notice.\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Financial assurance condition—permit cancellation","content":"63 Financial assurance condition—permit cancellation\n(a) the director-general imposes a financial assurance condition on\na public unleased land permit; and\n(b) the permit-holder does not provide the financial assurance—\n(i) in accordance with the condition; or\n(ii) by the due date.\n(2) The director-general must cancel the public unleased land permit.\n(3) In this section:\ndue date—see section 62 (3) (c) (ii).\n\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Financial assurance condition—claim or realisation","content":"64 Financial assurance condition—claim or realisation\n(a) the director-general issues a public unleased land permit subject\nto a financial assurance condition; and\n(b) the public unleased land is seriously or materially damaged\nbecause of the use of the public unleased land under the public\nunleased land permit; and\n(c) the director-general incurs, or will incur, expenses in repairing\nthe damage to the public unleased land; and\n(d) the damage is the kind of harm for which the financial assurance\nmay be claimed or realised; and\n(e) the damage was not permitted under this Act.\n(2) The director-general may recover the reasonable expenses of\nrepairing the damage by making a claim on or realising the financial\nassurance.\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Financial assurance condition—notice before claim or","content":"65 Financial assurance condition—notice before claim or\nrealisation\n(1) Before acting under section 64, the director-general must give the\npermit-holder, a written notice stating—\n(a) the serious or material damage caused by the use of the public\n(b) details of the action taken, or to be taken, to repair the damage;\nand\n(c) the amount of the financial assurance to be claimed or realised;\nand\n(d) that the permit-holder may give a written submission to the\ndirector-general showing cause why the financial assurance\nshould not be claimed or realised as proposed; and\n\n(e) that a submission may be given to the director-general only\nduring the 20 working days (the show cause period) after the\ndate of the notice.\n(2) The director-general must, within 20 working days after the end of\nthe show cause period—\n(a) consider any submission received under subsection (1) (d); and\n(b) decide whether to make a claim on or realise the financial\nassurance; and\n(c) tell the permit-holder about the decision.\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Financial assurance condition—recovery of extra costs","content":"66 Financial assurance condition—recovery of extra costs\n(a) the director-general makes a claim on or realises a financial\nassurance under a public unleased land permit; and\n(b) the amount recovered by the director-general (the realised\nassurance) is less than the reasonable expenses that the\ndirector-general incurred, or will incur, in repairing the damage.\n(2) The director-general may give the permit-holder written notice—\n(a) requiring the permit-holder to pay the stated amount, being the\ndifference between the reasonable expenses and the realised\nassurance; and\n(b) stating when (the due date) the stated amount is required to be\npaid.\n(3) The director-general must not decide a due date that is earlier than\n20 working days after the date of the notice.\n\n(4) If the permit-holder does not pay the stated amount on or before the\ndue date, the amount that remains unpaid, together with interest on\nthe unpaid amount, is a debt due to the Territory by the permit-holder.\nNote 1 A rate of interest may be determined under s 130 for this provision.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Financial assurance condition—money held by Territory","content":"67 Financial assurance condition—money held by Territory\nIf an amount of money is held by the Territory as a financial\nassurance, the following provisions apply:\n(a) interest accrues on as much of the original amount as from time\nto time remains unclaimed by the director-general under\nsection 64 (Financial assurance condition—claim or\nrealisation);\nNote A rate of interest may be determined under s 130 for this provision.\n(b) for a claim made by the director-general under section 64, the\nfinancial assurance is taken to include any accrued interest other\nthan interest to which the permit-holder is entitled to be paid\nunder paragraph (c);\n(c) during the period for which the financial assurance is required,\non each anniversary of the payment of the original amount, the\npermit-holder is entitled to be paid by the Territory as much of\nthe interest that accrued during the year that ended on the day\nbefore that anniversary as remains unclaimed by the\ndirector-general under section 64;\n\n(d) the amount of the original amount and accrued interest that\nremains unclaimed by the director-general under section 64\nmust be paid by the Territory to the permit-holder if—\n(i) the financial assurance is no longer required by the\ndirector-general; or\n(ii) the public unleased land permit is—\n(A) surrendered under section 76 (Public unleased land\npermit—surrender); or\n(B) cancelled under section 81 (Public unleased land\npermit—taking regulatory action).\nDivision 3.8 Public unleased land permits—\namendment, transfer, renewal, etc\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Public unleased land permit—amendment initiated by","content":"68 Public unleased land permit—amendment initiated by\ndirector-general\n(1) The director-general may, by written notice (an amendment notice)\ngiven to a permit-holder, amend the public unleased land permit if\nsatisfied that—\n(a) the permit-holder is a suitable person to hold the permit as\nthe permit-holder is a suitable person to hold the permit as\n(c) the permitted activity is a suitable activity for the permit as\namended.\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n\n(2) However, the director-general may amend the public unleased land\npermit only if—\n(a) the director-general has given the permit-holder written notice\n(a proposal notice) of the proposed amendment; and\n(b) the proposal notice states that written submissions on the\nproposal may be made to the director-general before the end of\na stated period of at least 14 days after the day the proposal\nnotice is given to the permit-holder; and\n(c) after the end of the stated period, the director-general has\nconsidered any submissions made in accordance with the\nproposal notice.\n(3) Subsection (2) does not apply if the permit-holder applied for, or\nagreed in writing to, the amendment.\n(4) The amendment takes effect on the day the amendment notice is given\nto the permit-holder or a later day stated in the notice.\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Public unleased land permit—application to amend","content":"69 Public unleased land permit—application to amend\n(1) A permit-holder may apply to the director-general to amend the\npublic unleased land permit.\n(2) A permit-holder must apply to the director-general for amendment of\nthe permit if the permit-holder is a corporation and someone else (the\nnew influential person) is to become an influential person for the\n(3) The application must—\n\n(b) if the permit-holder is a corporation and someone else is to\nbecome an influential person for the permit-holder—include\ncomplete details of suitability information about the new\ninfluential person.\nNote 1 Suitability information, about a person—see s 47.\nNote 2 Giving false or misleading information is an offence against the Criminal\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Public unleased land permit—decision on application to","content":"70 Public unleased land permit—decision on application to\namend permit\n(1) This section applies if the director-general receives an application to\namend a public unleased land permit under section 69.\n(2) The director-general may amend the permit only if satisfied that—\n(a) the permit-holder is a suitable person to hold the permit as\nthe permit-holder is a suitable person to hold the permit as\n(c) the permitted activity is a suitable activity for the permit as\namended.\nNote 2 The director-general may require the applicant to undertake public\nconsultation before making a decision—see s 53.\n(a) decide the application for amendment; and\n\nNote Failure to amend a public unleased land permit within the required time\nis taken to be a decision not to amend the permit (see ACT Civil and\nAdministrative Tribunal Act 2008, s 12).\n\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Public unleased land permit—application to transfer","content":"71 Public unleased land permit—application to transfer\n(1) A permit-holder may apply to the director-general to transfer the\npublic unleased land permit to someone else (the proposed new\npermit-holder).\n(2) The application must—\n(b) include complete details of suitability information about—\n(i) the proposed new permit-holder; and\n(ii) if the proposed new permit-holder is a corporation—each\ninfluential person for the proposed new permit-holder.\nNote 1 Suitability information, about a person—see s 47.\nNote 2 Giving false or misleading information is an offence against the Criminal\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Public unleased land permit—decision on application to","content":"72 Public unleased land permit—decision on application to\ntransfer permit\n(1) This section applies if the director-general receives an application to\ntransfer a public unleased land permit under section 71.\n(2) The director-general may transfer the public unleased land permit to\nthe proposed new permit-holder only if satisfied that each of the\nfollowing people is a suitable person to hold the permit:\n(a) the proposed new permit-holder;\n(b) if the proposed new permit-holder is a corporation—each\ninfluential person for the proposed new permit-holder;\nNote Suitable person, to hold a public unleased land permit—see s 46.\n\n(a) decide the application for transfer; and\n(b) 28 days after the day the director-general receives the\nNote Failure to transfer a public unleased land permit within the required time\nis taken to be a decision not to transfer the public unleased land permit\n(see ACT Civil and Administrative Tribunal Act 2008, s 12).\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Public unleased land permit—application for renewal of","content":"73 Public unleased land permit—application for renewal of\n(1) A permit-holder may apply to the director-general to renew the public\nunleased land permit for a period not longer than 3 years.\n(2) The application must be—\n(a) in writing; and\n(b) received by the director-general at least 30 days before the\npermit expires.\n(3) However, the director-general may extend the time for making an\nNote A permit-holder may apply to the director-general for the time to be\nextended, and the director-general may extend the time, even though the\ntime has ended (see Legislation Act, s 151C).\n\n(4) If a permit-holder applies to renew a public unleased land permit\nunder this section, the permit remains in force until the application is\ndecided.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Public unleased land permit—decision on application for","content":"74 Public unleased land permit—decision on application for\nrenewal of permit\n(1) This section applies if the director-general receives an application for\nrenewal of a public unleased land permit under section 73.\n(2) The director-general may renew the public unleased land permit only\nif satisfied that—\n(a) the permit-holder continues to be a suitable person to hold the\nthe permit-holder continues to be a suitable person to hold the\n(c) the permitted activity continues to be a suitable activity for the\nNote 2 The director-general may require the applicant to undertake public\nconsultation before making a decision—see s 53.\n(a) decide the application for renewal; and\n\nNote Failure to renew a public unleased land permit within the required time\nis taken to be a decision not to renew the permit (see ACT Civil and\nAdministrative Tribunal Act 2008, s 12).\n\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Public unleased land permit—replacing when lost, stolen","content":"75 Public unleased land permit—replacing when lost, stolen\nor destroyed\n(1) The director-general may issue a replacement public unleased land\npermit to a permit-holder if satisfied that the permit-holder’s original\npermit has been lost, stolen or destroyed.\n(2) For subsection (1), the director-general may require the permit-holder\nto give the director-general a statement verifying that the original\npublic unleased land permit has been lost, stolen or destroyed.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Public unleased land permit—surrender","content":"76 Public unleased land permit—surrender\n(1) A permit-holder may surrender the public unleased land permit by\ngiving written notice (a surrender notice) of the surrender to the\ndirector-general.\n(2) The surrender notice must be accompanied by—\n(a) the permit; or\n(b) if the permit has been lost, stolen or destroyed—a statement\nverifying that the permit has been lost, stolen or destroyed.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Offence—fail to notify change of name or address","content":"77 Offence—fail to notify change of name or address\n(b) the person’s name or address changes; and\n\n(c) the person does not, within 30 days after the change, give the\ndirector-general—\n(i) written notice of the change; and\n(ii) the permit.\nMaximum penalty: 1 penalty unit.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Public unleased land permit—director-general to change","content":"78 Public unleased land permit—director-general to change\nname and address\n(1) This section applies if a permit-holder gives the director-general—\n(a) written notice of a change to the person’s name or address; and\n(b) the permit.\n(2) The director-general must enter the changed details on the permit and\nreturn it to the permit-holder.\nDivision 3.9 Public unleased land permits—\nregulatory action\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Public unleased land permit—grounds for regulatory","content":"79 Public unleased land permit—grounds for regulatory\naction\n(1) Each of the following is a ground for regulatory action against a\npermit-holder:\n(a) the permit-holder gave information to the director-general in\nrelation to an application for the issue, amendment, transfer or\nrenewal of the permit that was false or misleading in a material\nparticular;\nNote Giving false or misleading information is also an offence against\nthe Criminal Code, s 338.\n(b) the permit-holder contravened a condition of the permit.\n\nPublic unleased land permits—regulatory action Division 3.9\n(2) In this section:\npermit-holder includes, if the person is a corporation, each executive\nofficer of the corporation.\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Public unleased land permit—regulatory action","content":"80 Public unleased land permit—regulatory action\nEach of the following is regulatory action when taken against a\npermit-holder:\n(a) imposing a condition on, or amending a condition on, the permit;\n(b) suspending the permit for a stated period or until a stated thing\nhappens;\n(c) cancelling the permit;\n(d) cancelling the permit and disqualifying the person from\napplying for a public unleased land permit of that kind for a\nstated period or until a stated thing happens.\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Public unleased land permit—taking regulatory action","content":"81 Public unleased land permit—taking regulatory action\n(1) If the director-general proposes to take regulatory action in relation\nto a permit-holder, the director-general must give the permit-holder a\nwritten notice (a show cause notice) stating—\n(a) details of the proposed regulatory action; and\n(b) the grounds for the proposed regulatory action; and\n(c) that the permit-holder may, not later than 14 days after the day\nthe permit-holder is given the notice, give a written submission\nto the director-general about the proposed regulatory action.\n(2) In deciding whether to take the proposed regulatory action, the\ndirector-general must consider any submission given to the\ndirector-general in accordance with the show cause notice.\n\n(3) If the director-general believes on reasonable grounds that a ground\nfor regulatory action has been established in relation to the\npermit-holder, the director-general may—\n(a) take the regulatory action stated in the show cause notice; or\n(b) if the proposed regulatory action is the cancellation and\ndisqualification mentioned in section 80 (d)—\n(i) cancel the permit as mentioned in section 80 (c); or\n(ii) suspend the person’s permit as mentioned in\nsection 80 (b); or\n(iii) impose a condition on, or amend a condition on, the permit\nas mentioned in section 80 (a); or\n(c) if the proposed regulatory action is the cancellation of the\nperson’s permit as mentioned in section 80 (c)—\n(i) suspend the person’s permit as mentioned in\nsection 80 (b); or\n(ii) impose a condition on, or amend a condition on, the permit\nas mentioned in section 80 (a); or\n(d) if the proposed regulatory action is the suspension of the\nperson’s permit as mentioned in section 80 (b)—\n(i) suspend the permit for a shorter period; or\n(ii) impose a condition on, or amend a condition on, the permit\nas mentioned in section 80 (a).\n(4) Regulatory action under this section takes effect on—\n(a) the day the permit-holder is given written notice of the decision;\nor\n(b) if the written notice states a later date of effect—that date.\n\nPublic unleased land permits—regulatory action Division 3.9\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Public unleased land permit—immediate suspension","content":"82 Public unleased land permit—immediate suspension\n(a) the director-general gives a show cause notice under section 81\nto a permit-holder; and\n(b) having regard to the grounds stated in the notice, the\ndirector-general believes on reasonable grounds that the\nperson’s permit should be suspended immediately in the\ninterests of public safety.\n(2) The director-general must give the permit-holder a written notice\n(an immediate suspension notice) suspending the person’s permit.\n(3) The suspension of a public unleased land permit under this section\ntakes effect when the immediate suspension notice is given to the\n(4) The suspension of a public unleased land permit under this section\nends—\n(a) if regulatory action is taken against the person under\nsection 81—at the earlier of the following times:\n(i) when the regulatory action takes effect;\n(ii) 30 days after the day the immediate suspension notice is\ngiven to the person; or\n(b) if regulatory action is not taken against the person under\nsection 81—at the earlier of the following times:\n(i) when the person is given written notice of the\ndirector-general’s decision not to take regulatory action;\n(ii) 30 days after the day the immediate suspension notice is\ngiven to the person.\n\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Public unleased land permit—effect of suspension","content":"83 Public unleased land permit—effect of suspension\n(1) A suspended permit does not authorise the carrying on of any activity\nunder the permit during the suspension.\n(2) If the director-general suspends a public unleased land permit, the\npermit-holder is, during the suspension—\n(a) taken not to hold the permit; and\n(b) disqualified from applying for a public unleased land permit.\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Offence—fail to return amended, suspended or cancelled","content":"84 Offence—fail to return amended, suspended or cancelled\npermits\n(b) the permit is amended, suspended or cancelled under this\ndivision; and\n(c) the person fails to return the permit to the director-general as\nsoon as practicable (but not later than 7 days) after the day the\nperson is given a reviewable decision notice under section 128\n(Reviewable decision notices).\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Action by director-general in relation to amended or","content":"85 Action by director-general in relation to amended or\nsuspended permit\n(a) a public unleased land permit is amended or suspended under\nthis part; and\n(b) the permit is returned to the director-general.\n\nPublic unleased land permit register Division 3.10\n(2) For an amended permit, the director-general must—\n(a) return the amended permit to the permit-holder; or\n(b) give the permit-holder a replacement permit that includes the\namendment.\n(3) If a public unleased land permit is suspended under this part and the\nsuspension ends before the end of the term of the permit, the\ndirector-general must return the permit to the permit-holder.\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"Public unleased land permit register","content":"86 Public unleased land permit register\n(1) The director-general must keep a register of public unleased land\npermits (the permit register).\n(2) The register must include the following details for each permit:\n(a) the name of the permit-holder;\n(b) the location of the permitted public unleased land;\n(c) the permitted activity;\n(d) the permitted times;\n(e) the term of the permit;\n(f) the conditions on the permit;\n(g) anything else prescribed by regulation.\n(3) The register may include anything else the director-general considers\nrelevant.\n(4) The register may be kept in any form, including electronically, that\nthe director-general decides.\n(5) The register may be kept in 1 or more parts, as the director-general\nconsiders appropriate.\n\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Correction and keeping up-to-date register","content":"87 Correction and keeping up-to-date register\n(1) The director-general may correct a mistake, error or omission in the\npermit register.\n(2) The director-general may change a detail included in the register to\nkeep the register up-to-date.\n\nGeneral Division 4.1\n","sortOrder":90},{"sectionNumber":"Div 4","sectionType":"division","heading":"1 General","content":"Division 4.1 General\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Definitions—pt 4","content":"88 Definitions—pt 4\nIn this part:\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 that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nwarrant means a warrant issued under division 4.6 (Search warrants).\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Authorised people","content":"89 Authorised people\n(1) The director-general may appoint a public servant as an authorised\nperson for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n\n(2) Also, an investigator under the Fair Trading (Australian Consumer\nLaw) Act 1992 is an authorised person for this Act.\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Identity cards","content":"90 Identity cards\n(1) This section applies in relation to an authorised person appointed\nunder section 89 (1).\nNote An authorised person who is an investigator is issued with an identity\ncard under the Fair Trading (Australian Consumer Law) Act 1992, s 37.\n(2) The director-general must give an authorised person an identity card\nstating the person’s name and that the person is an authorised person.\n(3) The identity card must show—\n(a) a recent photograph of the authorised person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(4) A person commits an offence if the person—\n(a) stops being an authorised person; and\n(b) does not return the person’s identity card to the director-general\nas soon as practicable (but not later than 7 days) after the day the\nperson stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(5) Subsection (3) does not apply to a person if the person’s identity card\nhas been—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nmentioned in s (5) (see Criminal Code, s 58).\n(6) An offence against this section is a strict liability offence.\n\n","sortOrder":94},{"sectionNumber":"91","sectionType":"section","heading":"Power not to be exercised before identity card shown","content":"91 Power not to be exercised before identity card shown\n(1) This section applies in relation to an authorised person appointed\nunder section 89 (1).\nNote For an authorised person who is an investigator, see the Fair Trading\n(Australian Consumer Law) Act 1992, s 38 (Power not to be exercised\nbefore identity card shown).\n(2) The authorised person may exercise a power under a territory law in\nrelation to a person only if the authorised person first shows the\nperson the authorised person’s identity card.\n","sortOrder":95},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"3.1 General directions","content":"Subdivision 4.3.1 General directions\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Direction to give name and address","content":"92 Direction to give name and address\n(1) This section applies if a police officer or authorised person believes\non reasonable grounds that a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence against\nthis Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The police officer or authorised person may direct the person to give\nthe police officer or authorised person, immediately, any of the\nfollowing personal details:\n(a) the person’s full name;\n(b) the person’s home address.\n(3) The person may ask the authorised person to produce the authorised\nperson’s identity card for inspection by the person.\n\n(4) If the police officer or authorised person believes on reasonable\ngrounds that a personal detail given by a person in response to a\ndirection under subsection (2) is false or misleading, the police officer\nor authorised person may direct the person to produce evidence\nimmediately of the correctness of the detail.\n(5) If an authorised person gives a direction under this section to a person,\nthe authorised person must tell the person that it is an offence if the\nperson fails to comply with the direction.\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Offence—fail to comply with direction to give name and","content":"93 Offence—fail to comply with direction to give name and\naddress\n(a) is subject to a direction under section 92 (2); and\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(3) This section does not apply to a person if the authorised person did\nnot produce the authorised person’s identity card for inspection by the\nperson if asked.\n(4) This section does not apply to a person if the police officer or\nauthorised person did not, before giving the direction, warn the\nperson that failure to comply with the direction is an offence.\nmentioned in s (4) (see Criminal Code, s 58).\n\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"Direction to produce approval, permit or insurance policy","content":"94 Direction to produce approval, permit or insurance policy\n(1) A police officer or authorised person may direct—\n(a) an approval-holder to produce the approval; or\n(b) a permit-holder to produce—\n(i) the permit; and\n(ii) if the permit includes a financial assurance condition\nrequiring the permit-holder to hold a stated kind of\ninsurance policy—the insurance policy.\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(2) The direction must be in writing and state—\n(a) the approval, permit or policy to be produced; and\n(b) where and to whom the approval, permit or policy is to be\nproduced; and\n(c) when the direction must be complied with.\n(3) The police officer or authorised person may do 1 or more of the\n(a) inspect the approval, permit or policy produced;\n(b) make copies of, or take extracts from the approval, permit or\npolicy produced;\n(c) seize and remove the approval, permit or policy produced if the\nofficer or person believes on reasonable grounds that it may\nprovide evidence of an offence against this Act.\n(4) In this section:\napproval-holder means a person who holds—\n(a) closed road approval; or\n\n(b) a work approval; or\n(c) a sign approval.\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Offence—fail to comply with direction to produce","content":"95 Offence—fail to comply with direction to produce\napproval, permit or insurance policy\n(a) is subject to a direction under section 94; and\n(3) This section does not apply to a person if the person has a reasonable\nexcuse for failing to comply with the direction.\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Direction to leave permitted public unleased land","content":"96 Direction to leave permitted public unleased land\n(1) This section applies if a police officer or authorised person believes\non reasonable grounds that—\n(a) a person is using an area of public unleased land at a particular\ntime; and\n(b) someone else (the permit-holder) holds a public unleased land\npermit to exclusively use the area at the time; and\n(c) the person is using the area without the consent of the\n(2) The police officer or authorised person may direct the person to leave\nthe area of permitted public unleased land during the permitted times.\n(3) A direction must be in writing and state—\n(a) the area of permitted public unleased land; and\n\n(b) the permitted times.\n(4) If a police officer or authorised person gives a direction to a person,\nthe police officer or authorised person must tell the person that it is\nan offence if the person fails to comply with the direction.\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Offence—fail to comply with direction to leave permitted","content":"97 Offence—fail to comply with direction to leave permitted\npublic unleased land\n(a) is subject to a direction under section 96 (2); and\n(3) This section does not apply to a person if the police officer or\nauthorised person did not, before giving the direction, warn the\nperson that failure to comply with the direction is an offence.\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Direction to remove objects from public unleased land","content":"98 Direction to remove objects from public unleased land\n(1) This section applies if a person uses public unleased land by placing\nan object on the public unleased land.\nNote Use, public unleased land—see s 41.\n(2) However, this section does not apply if—\n(a) the placement is authorised under an approval or public unleased\nland permit under this Act; or\nExample—approval that may authorise placement\n1 closed road approval\n2 work approval\n(b) the placement is authorised under another territory law; or\n\n(c) if the object is a vehicle—\n(i) the vehicle is parked on a road or road related area in a way\nthat does not contravene the Road Transport (Safety and\nTraffic Management) Act 1999; or\n(ii) an authorised person has reasonable grounds for believing\nthat the vehicle has been abandoned.\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(3) A police officer or authorised person may direct (a removal direction)\nthe person to remove the object.\n(4) A removal direction must be in writing and state—\n(a) the public unleased land; and\n(b) the object to be removed; and\n(c) when the direction must be complied with (the due date), being\na day at least—\n(i) if the object is a vehicle—2 days after the direction is given\nto the person; or\n(ii) in any other case—7 days after the direction is given to the\nperson; and\n(d) that, if the object is not removed by the due date—\n(i) the person may be committing an offence under section 99\n(Offence—fail to comply with removal direction); and\n(ii) the object may be removed and disposed of under\nsection 105 (Removal of objects by Territory) and\nsection 106 (Disposal of objects by Territory).\n(5) A removal direction may be given to a person by securely attaching\nthe direction to the object in a conspicuous place.\n\n(6) To remove any doubt, a removal direction given to a person in the\nway mentioned in subsection (5) is taken to be given to the person on\nthe day the direction is attached to the object.\n(7) In this section:\npark—see the Road Transport (Road Rules) Regulation 2017,\ndictionary.\nroad—see the Road Transport (General) Act 1999, dictionary.\nroad related area—see the Road Transport (General) Act 1999,\ndictionary.\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Offence—fail to comply with removal direction","content":"99 Offence—fail to comply with removal direction\n(a) is subject to a removal direction; and\n","sortOrder":104},{"sectionNumber":"99A","sectionType":"section","heading":"Offence—hawkers obstructing or endangering public","content":"99A Offence—hawkers obstructing or endangering public\n(a) the person uses public unleased land to carry on business as a\nhawker; and\n(b) the person—\n(i) hinders or obstructs the free movement of people or\nvehicles in public unleased land; or\n(ii) endangers the safety of members of the public in public\nMaximum penalty: 30 penalty units.\n\nSubdivision 4.3.2 Urgent action\n","sortOrder":105},{"sectionNumber":"100","sectionType":"section","heading":"Director-general’s directions","content":"100 Director-general’s directions\ngrounds that there is, or is likely to be—\n(a) either—\n(i) a breach of a public unleased land permit; or\n(ii) another contravention of this Act; and\n(b) the breach or other contravention is causing, or is likely to\ncause—\n(i) undue disturbance, inconvenience or offence to people\nlawfully at adjacent or nearby places; or\n(ii) undue risk to people or property.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The director-general may direct (a director-general’s direction) 1 or\nmore of the following people to take action to prevent the breach or\nother contravention:\n(a) a permit-holder;\n(b) an employee of a permit holder;\n(c) a person working at the permitted place.\nExample—director-general’s direction\nto reduce loud noise coming from the permitted public unleased land\n(3) A director-general’s direction must—\n\n(i) state—\n(A) the action to be taken; and\n(B) when the direction must be complied with; or\n(ii) state—\n(A) the conduct not to be undertaken; and\n(B) how long the direction is in force.\n(4) A director-general’s direction must not state a day or time for\ncompliance that is earlier than the day or time the person is given the\ndirector-general’s direction.\n","sortOrder":106},{"sectionNumber":"101","sectionType":"section","heading":"Offence—fail to comply with director-general’s direction","content":"101 Offence—fail to comply with director-general’s direction\n(a) the person is subject to a director-general’s direction; and\n(b) the person fails to take reasonable steps to comply with the\ndirection.\n","sortOrder":107},{"sectionNumber":"102","sectionType":"section","heading":"Emergency closure of permitted place","content":"102 Emergency closure of permitted place\n(1) A senior police officer may order a permit-holder to close a permitted\nplace (an emergency closure order) if the officer believes on\nreasonable grounds that—\n(a) a breach of this Act has happened, or is likely to happen; and\n(b) the closure of the place is necessary to prevent or reduce undue\nrisk to people or property.\n\n(2) If an emergency closure order is made under subsection (1), a police\nofficer must, in writing, tell the permit-holder—\n(a) the name of the senior police officer making the order; and\n(b) when the order starts; and\n(c) when the order ends.\nNote An emergency closure notice for the emergency closure order must be\ngiven to the permit-holder as soon as practicable after the order is made\n(see s 103).\n(3) If an emergency closure order is in force for a permitted place, the\npermit is suspended for the period of the order.\n","sortOrder":108},{"sectionNumber":"103","sectionType":"section","heading":"Emergency closure notice","content":"103 Emergency closure notice\n(1) If a senior police officer makes an emergency closure order for a\npermitted place, the officer must, as soon as practicable, give a notice\n(an emergency closure notice) to the permit-holder.\n(2) An emergency closure notice must—\n(b) state—\n(i) the date of issue of the notice; and\n(ii) when the order starts; and\n(iii) when the order ends; and\n(iv) the breach of this Act that the senior police officer believes\nhas happened or is likely to happen; and\n(v) the grounds for the officer’s belief; and\n(c) be signed by the senior police officer.\n\nRemoval and disposal of objects on public unleased land by Territory Division 4.4\n(3) The senior police officer must also—\n(a) keep a record of the emergency closure notice in the police\nrecords; and\n(b) give a copy of the notice to the director-general.\n","sortOrder":109},{"sectionNumber":"104","sectionType":"section","heading":"Offence—fail to comply with emergency closure order","content":"104 Offence—fail to comply with emergency closure order\n(b) an emergency closure order is in force for the person; and\n(c) the person fails to comply with the emergency closure order.\nMaximum penalty: 30 penalty units.\nDivision 4.4 Removal and disposal of objects on\npublic unleased land by Territory\n","sortOrder":110},{"sectionNumber":"105","sectionType":"section","heading":"Removal of objects by Territory","content":"105 Removal of objects by Territory\n(a) a person—\n(i) is subject to a removal direction for an object; and\nNote Removal direction—see s 98 (3).\n(ii) fails to comply with the direction; or\n(b) an object is on public unleased land and an authorised person\nreasonably believes that the object is—\n(i) abandoned; or\n\nDivision 4.4 Removal and disposal of objects on public unleased land by Territory\n(ii) causing an obstruction or hazard for people on or near the\npublic unleased land.\nNote If an authorised person reasonably believes that a vehicle on public\nunleased land is causing an obstruction or hazard, the authorised\nperson may give the owner a removal direction for the vehicle.\n(2) However, this section does not apply if—\n(a) the object is a vehicle; and\n(b) an authorised person has reasonable grounds for believing that\nthe vehicle has been abandoned.\n(3) An authorised person may move the object to a retention area.\n","sortOrder":111},{"sectionNumber":"105A","sectionType":"section","heading":"Removal of non-compliant electoral advertising signs by","content":"105A Removal of non-compliant electoral advertising signs by\nTerritory\n(a) a person places an electoral advertising sign on public unleased\n(i) the person fails to comply with the movable signs code of\npractice; or\n(ii) the sign does not comply with the movable signs code of\npractice.\n(2) An authorised person may remove the electoral advertising sign to a\nretention area.\n(3) If an authorised person removes an electoral advertising sign to a\nretention area, the authorised person must as soon as practicable take\nreasonable steps to give the owner of the sign a written notice\nstating—\n(a) that the sign has been moved to a retention area; and\n(b) when and where the sign may be collected; and\n\nRemoval and disposal of objects on public unleased land by Territory Division 4.4\n(c) that, if the owner does not collect the sign within 7 days after the\nnotice is given to the owner, the sign may be disposed of under\nthe Uncollected Goods Act 1996.\nNote A decision under s (2) is a reviewable decision. A notice under s (3) must\ninclude requirements prescribed under the ACT Civil and Administrative\nTribunal Act 2008 for a reviewable decision notice.\n(4) To remove any doubt, the authorised person may remove the electoral\nadvertising sign without giving the person a removal direction under\nsection 98.\nauthorised person includes a police officer.\nelectoral advertising sign—see section 28 (4).\nowner, for an electoral advertising sign that states it is authorised by\na person, means the person.\n","sortOrder":112},{"sectionNumber":"106","sectionType":"section","heading":"Disposal of objects by Territory","content":"106 Disposal of objects by Territory\n(1) If an object is moved to a retention area under section 105 or\nsection 105A—\n(a) the object is taken to be uncollected goods under the Uncollected\nGoods Act 1996; and\n(b) the director-general is taken to be the possessor of the goods for\nthat Act; and\n(c) the director-general may dispose of the goods under that Act,\npart 3 (Disposal of uncollected goods); and\n(d) for that Act, section 26 (2) (a) (Claim by owner before disposal)\nand section 30 (1) (a) (Proceeds of sale), the reasonable costs\nincurred by the director-general in complying with that Act are\ntaken to include the cost of removing the object from the public\nunleased land to the retention area.\n\n(2) However, if the object is a vehicle—\n(a) the director-general must give the registered operator of the\nvehicle a written notice (a retention notice) stating—\n(i) that the vehicle has been moved to a retention area; and\n(ii) when and where the vehicle may be collected; and\n(iii) that, if the registered operator does not collect the vehicle\nwithin 7 days after the retention notice is given to the\nregistered operator, the vehicle may be disposed of under\nthe Uncollected Goods Act 1996; and\n(b) the vehicle is taken to be uncollected goods under\nsubsection (1) (a) only if the vehicle has not been collected\nwithin 7 days after the day the retention notice is given to the\nregistered operator.\n","sortOrder":113},{"sectionNumber":"107","sectionType":"section","heading":"Power to enter premises","content":"107 Power to enter premises\n(1) For this Act, an authorised person 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\nof money); or\n(b) at any time when the premises are open for business, enter the\npremises; or\n(c) at any time, enter premises with the occupier’s consent; or\n(d) enter premises in accordance with a public unleased land permit\ncondition; or\n(e) enter premises in accordance with a search warrant; or\n\nPowers of authorised people Division 4.5\n(f) at any time, enter premises if the authorised person believes on\nreasonable grounds that the circumstances are so serious and\nurgent that immediate entry to the premises without the\nauthority of a search warrant is necessary.\n(2) However, subsection (1) (a) and (b) do not authorise entry into a part\nof premises that is being used only for residential purposes.\n(3) An authorised person may, without the consent of the occupier of\npremises, enter land around the premises to ask for consent to enter\nthe premises.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\nat any reasonable time includes at any time when the public is\nentitled to use the premises, or when the premises are open to or used\nby the public (whether or not on payment of money).\n","sortOrder":114},{"sectionNumber":"108","sectionType":"section","heading":"Production of identity card","content":"108 Production of identity card\n(1) An authorised person must not remain at premises entered under this\npart if the authorised person does not produce his or her identity card\nwhen asked by the occupier.\n(2) A police officer must not remain at premises entered under this part\nif the officer does not produce evidence that the officer is a police\nofficer when asked by the occupier.\n","sortOrder":115},{"sectionNumber":"109","sectionType":"section","heading":"Consent to entry","content":"109 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 107 (1) (c), an authorised person must—\n(a) either—\n(i) if the person is an authorised person—produce his or her\nidentity card; or\n\n(ii) if the person is a police officer—produce evidence that he\nor she is a police officer; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n\nPowers of authorised people Division 4.5\n","sortOrder":116},{"sectionNumber":"110","sectionType":"section","heading":"General powers on entry to premises","content":"110 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything at the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films, or audio, video or other recordings;\n(e) require the occupier, or anyone at the premises, to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n","sortOrder":117},{"sectionNumber":"111","sectionType":"section","heading":"Power to seize things","content":"111 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the authorised person is satisfied on reasonable grounds that the\nthing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, an authorised person who enters premises under this part\n(whether with the occupier’s consent, under a warrant or otherwise)\nmay seize anything at the premises if satisfied on reasonable grounds\nthat the thing poses a risk to the health or safety of people or of\ndamage to property or the environment.\n(5) The powers of an authorised person under subsections (3) and (4) are\nadditional to any powers of the authorised person under\nsubsections (1) or (2) or any other territory law.\n(6) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\n(8) An offence against this section is a strict liability offence.\n\nSearch warrants Division 4.6\n","sortOrder":118},{"sectionNumber":"112","sectionType":"section","heading":"Warrants generally","content":"112 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a 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 7 days.\n(5) The warrant must state—\n(a) that an authorised person may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nperson’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 7 days after the day of the warrant’s issue, the\nwarrant ends.\n\n","sortOrder":119},{"sectionNumber":"113","sectionType":"section","heading":"Warrants—application made other than in person","content":"113 Warrants—application made other than in person\n(1) An authorised person may apply for a warrant by phone, fax, email,\nradio or other form of communication if the authorised person\nconsiders it necessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised person if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the authorised\nperson—\n(a) the magistrate must tell the authorised person—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the authorised person must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n\nSearch warrants Division 4.6\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised person completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the authorised person was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":120},{"sectionNumber":"114","sectionType":"section","heading":"Search warrants—announcement before entry","content":"114 Search warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised person is authorised to enter the\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\nhimself or herself to the person.\n\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":121},{"sectionNumber":"115","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"115 Details of search warrant to be given to occupier etc\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 authorised person or a person assisting\nmust make 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":122},{"sectionNumber":"116","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"116 Occupier entitled to be present during search etc\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":123},{"sectionNumber":"117","sectionType":"section","heading":"Receipt for things seized","content":"117 Receipt for things seized\n(1) As soon as practicable after an authorised person seizes a thing under\nthis part, the authorised person must give a receipt for it to the person\nfrom whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously,\nat the place of seizure under section 111 (Power to seize things).\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 authorised person’s name, and how to contact the authorised\nperson;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":124},{"sectionNumber":"118","sectionType":"section","heading":"Moving things to another place for examination or","content":"118 Moving things 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(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n\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 authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, 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 carried\nout; 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 part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":125},{"sectionNumber":"119","sectionType":"section","heading":"Access to things seized","content":"119 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\n","sortOrder":126},{"sectionNumber":"120","sectionType":"section","heading":"Return of things seized","content":"120 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, unless—\n(a) a prosecution for an offence against a territory law in connection\nwith the thing is begun within 1 year after the day the seizure is\nmade and the thing is required to be produced in evidence in the\nprosecution; or\n(b) an application for the forfeiture of the seized thing is made to a\ncourt under the Confiscation of Criminal Assets Act 2003 or\nanother territory law within 1 year after the day the seizure is\nmade; or\n(c) all proceedings in relation to the offence with which the seizure\nwas connected have ended and the court has not made an order\nabout the thing.\n(2) However, this section does not apply to a thing—\n(a) if the director-general believes on reasonable grounds that the\nonly practical use of the thing in relation to the premises where\nit was seized would be an offence against this Act; or\n(b) if possession of it by its owner would be an offence.\n","sortOrder":127},{"sectionNumber":"121","sectionType":"section","heading":"Forfeiture of seized things","content":"121 Forfeiture of seized things\n(a) anything seized under this part has not been returned under\nsection 120; and\n(b) an application for disallowance of the seizure under\nsection 123—\n(i) has not been made within 10 days after the day of the\nseizure; or\n\n(ii) has been made within the 10-day period, but the\napplication has been refused or withdrawn before a\ndecision in relation to the application had been made.\n(2) If this section applies to the seized thing—\n(a) it is forfeited to the Territory; and\n(b) it may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\n","sortOrder":128},{"sectionNumber":"122","sectionType":"section","heading":"Power to destroy unsafe things","content":"122 Power to destroy unsafe things\n(1) This section applies to anything inspected or seized under this part by\nan authorised person if the authorised person is satisfied on\nreasonable grounds that the thing poses a risk to the health or safety\nof people or of damage to property or the environment.\n(2) The authorised person may direct a person in charge of the premises\nwhere the thing is to destroy or otherwise dispose of the thing.\n(3) The direction may state 1 or more of the following:\n(a) how the thing must be destroyed or otherwise disposed of;\n(b) how the thing must be kept until it is destroyed or otherwise\ndisposed of;\n(c) the period within which the thing must be destroyed or otherwise\ndisposed of.\n(4) A person in charge of the premises where the thing is commits an\noffence if the person contravenes a direction given to the person under\nsubsection (2).\n(5) Alternatively, if the thing has been seized under this part, the\nauthorised person may destroy or otherwise dispose of the thing.\n\n(6) Costs incurred by the Territory in relation to the disposal of a thing\nunder subsection (5) are a debt owing to the Territory by, and are\nrecoverable together and separately from, the following people:\n(a) the person who owned the thing;\n(b) each person in control of the premises where the thing was.\nNote An amount owing under a law may be recovered as a debt in a court of\n(7) An offence against this section is a strict liability offence.\n","sortOrder":129},{"sectionNumber":"123","sectionType":"section","heading":"Application for order disallowing seizure","content":"123 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to the Magistrates Court within 10 days after the day of\nthe seizure for an order disallowing the seizure.\n(2) The application may be heard only if the applicant has served a copy\nof the application on the director-general.\n(3) The director-general is entitled to appear as respondent at the hearing\nof the application.\n","sortOrder":130},{"sectionNumber":"124","sectionType":"section","heading":"Order for return of seized thing","content":"124 Order for return of seized thing\n(1) This section applies if a person claiming to be entitled to anything\nseized under this part applies to the Magistrates Court under\nsection 123 for an order disallowing the seizure.\n(2) The Magistrates Court must make an order disallowing the seizure if\nsatisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the director-general to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n","sortOrder":131},{"sectionNumber":"125","sectionType":"section","heading":"Damage etc to be minimised","content":"125 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nperson causes as little inconvenience, detriment and damage as\npracticable.\n(2) If an authorised person damages anything in the exercise or purported\nexercise of a function under this part, the authorised person must give\nwritten notice of the particulars of the damage to the person the\nauthorised person believes on reasonable grounds is the owner of the\nthing.\n(3) The notice must state that—\n(a) the person may claim compensation from the Territory if the\nperson suffers loss or expense because of the damage; and\n(b) compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction; and\n\nEnforcement—miscellaneous Division 4.8\n(c) the court may order the payment of reasonable compensation for\nthe loss or expense only if satisfied it is just to make the order in\nthe circumstances of the particular case.\n(4) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n","sortOrder":132},{"sectionNumber":"126","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"126 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 under this part by an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe 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.\n\nPart 5 Notification and review of decisions\nPart 5 Notification and review of\ndecisions\n127 What is a reviewable decision?—pt 5\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":133},{"sectionNumber":"128","sectionType":"section","heading":"Reviewable decision notices","content":"128 Reviewable decision notices\nIf the director-general makes a reviewable decision, the\ndirector-general must give a reviewable decision notice to each entity\nmentioned in schedule 1, column 4 in relation to the decision.\nNote The director-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":134},{"sectionNumber":"129","sectionType":"section","heading":"Applications for review","content":"129 Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 6\n","sortOrder":135},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6 Miscellaneous\n","sortOrder":136},{"sectionNumber":"130","sectionType":"section","heading":"Determination of fees etc","content":"130 Determination of fees etc\n(1) The Minister may determine—\n(a) fees for this Act; and\n(b) the annual percentage rate at which interest payable under\nsection 66 (4) (Financial assurance condition—recovery of\nextra costs) is to be calculated; and\n(c) the annual percentage rate at which interest accruing under\nsection 67 (a) (Financial assurance condition—money held by\nTerritory) is to be calculated.\n(2) A determination is a disallowable instrument.\n","sortOrder":137},{"sectionNumber":"131","sectionType":"section","heading":"Approved forms","content":"131 Approved forms\n(1) The director-general may approve forms for this Act.\n(2) If the director-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":138},{"sectionNumber":"132","sectionType":"section","heading":"Regulation-making power","content":"132 Regulation-making power\nThe Executive may make regulations for this Act.\n\n","sortOrder":139},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see pt 5)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ncolumn 4\nentity\n1 12 (4) refuse to issue closed road approval applicant for approval\n2 12 (5) impose condition on closed road approval applicant for approval\n3 15 (2) issue drainage direction person directed\n4 19 (5) refuse to issue work approval applicant for approval\n5 19 (6) impose condition on work approval applicant for approval\n6 21 (2) issue repair damage direction person directed\n7 25 (4) refuse to issue sign approval applicant for approval\n8 25 (6) impose condition on sign approval applicant for approval\n9 31 (2) issue plant pruning direction person directed\n10 34 (2) issue plant removal direction person directed\n11 57 (2) refuse to issue public unleased land permit applicant for permit\n12 57 (4) issue public unleased land permit—impose\ncondition\n13 61 (1) impose financial assurance condition on\npublic unleased land permit\n14 66 decision to claim a financial assurance permit-holder\n15 68 (1) amend public unleased land permit permit-holder\n16 70 (2) refuse to amend public unleased land\n17 70 (3) amend public unleased land permit—\n18 72 (2) refuse to transfer public unleased land\nproposed new\n\nReviewable decisions Schedule 1\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ncolumn 4\nentity\n19 72 (3) transfer public unleased land permit—\nproposed new\n20 74 (2) refuse to renew public unleased land permit permit-holder\n21 74 (3) renew public unleased land permit—\n22 81 (3) take regulatory action permit-holder\n23 82 (2) immediately suspend public unleased land\n24 98 (3) issue removal direction person directed\n25 100 (2) issue director-general’s direction person directed\n26 105A (2) remove electoral advertising sign owner of sign\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Act\n• corporation\n• Corporations Act\n• director-general (see s 163)\n• police officer\n• reviewable decision notice\n• territory land\n• working day.\nactivity information notice, for part 3 (Public unleased land\npermits)—see section 51 (Suitability of activities—further\ninformation about activity).\nadditional approval notice, for part 3 (Public unleased land\npermits)—see section 52 (2) (Suitability of activities—other\napprovals).\nauthorised person means an authorised person mentioned in\nsection 89 (Authorised people).\ncarries on business as a hawker—see section 9A.\nclosed road—see section 11 (1) (Director-general may temporarily\nclose public roads).\nclosed road approval—see section 12 (1) (Approval to use closed\nroad).\nconnected, for part 4 (Enforcement)—see section 88.\nconservator—see the Nature Conservation Act 2014, dictionary.\ndamage a protected tree—see the Urban Forest Act 2023, section 14.\n\ndirector-general’s direction—see section 100 (2).\ndrainage direction—see section 15 (2) (Directions to construct\nsurface water drains).\nemergency closure order—see section 102 (1) (Emergency closure\nof permitted place).\nfinancial assurance condition, on a public unleased land permit—\nsee section 60.\nground for regulatory action, against a permit-holder, for\ndivision 3.9 (Public unleased land permits—regulatory action)—see\nsection 79.\ninfluential person, for a corporation, for part 3 (Public unleased land\npermits)—see section 42.\ninspection notice, for part 3 (Public unleased land permits)—see\nsection 56 (2) (Suitability of activities—inspection of object).\nland sublease—see the Planning Act 2023, dictionary.\nleased land, for division 2.6 (Trees and other plants affecting public\nunleased land)—see the Urban Forest Act 2023, dictionary.\nlocation plan, for part 3 (Public unleased land permits)—see\nsection 45 (Public unleased land permit—application).\nmovable signs code of practice—see section 27 (Movable signs code\nof practice).\nobject includes any item of movable personal property.\noccupier—\n(a) of leased territory land, for division 2.7 (Graffiti visible from\npublic unleased land)—see section 37; and\n(b) of premises, for part 4 (Enforcement)—see section 88.\noffence, for part 4 (Enforcement)—see section 88.\n\non, public unleased land, includes in, at or across the public unleased\nland.\nowner––\n(a) of land, means the lessee of the land (or for land under a land\nsublease, the sublessee); and\n(b) of a vehicle, includes anyone who has a legal right to move the\nvehicle.\npermit means a public unleased land permit.\npermit-holder means a person who is the holder of a permit.\npermit register, for division 3.10 (Public unleased land permit\nregister)—see section 86 (1).\npermitted activity—see section 40 (What is a public unleased land\npermit?).\npermitted public unleased land—see section 40 (What is a public\nunleased land permit?).\npermitted time—see section 40 (What is a public unleased land\npermit?).\npersonal information notice, for part 3 (Public unleased land\npermits)—see section 48 (Suitability of people—further information\nabout people).\nplant pruning direction—see section 31 (Direction to prune tree etc\noverhanging public unleased land).\nplant removal direction—see section 34 (Direction to remove tree etc\nendangering public on unleased land).\npremises includes land, structure, vehicle or boat.\nproposed new permit holder—see section 71 (1) (Public unleased\nland permit—application to transfer permit).\nprotected tree—see the Urban Forest Act 2023, section 9.\n\npublic consultation notice, for part 3 (Public unleased land\npermits)—see section 53 (2) (Suitability of activities—public\nconsultation).\npublic consultation period, for part 3 (Public unleased land\npermits)—see section 53 (3) (a) (iv) (Suitability of activities—public\nconsultation).\npublic consultation submission notice, for part 3 (Public unleased\nland permits)—see section 54 (2) (Suitability of activities—public\nconsultation submissions).\npublic road—see section 9.\npublic unleased land—see section 8.\npublic unleased land permit—see section 40.\nregistered operator––see the Road Transport (Vehicle Registration)\nAct 1999, dictionary.\nNote A reference to the registered operator includes each registered operator\n(see Road Transport (Vehicle Registration) Act 1999, s 29).\nregistered tree, for division 2.6 (Trees and other plants affecting\npublic unleased land)—see the Urban Forest Act 2023, section 10.\nregulatory action—see section 80.\nremoval direction—see section 98 (3) (Direction to remove objects\nfrom public unleased land).\nrepair damage direction—see section 21 (2) (Directions to repair\ndamage to public unleased land).\nreserve—see the Nature Conservation Act 2014, section 169.\nNote Reserves include wilderness areas, national parks, nature reserves,\ncatchment areas and other areas of public land.\nretention area, for division 4.4 (Removal and disposal of objects on\npublic unleased land by Territory)—see the Uncollected Goods\nAct 1996, dictionary.\n\nreviewable decision, for part 5 (Notification and review of\ndecisions)—see section 127.\nrisk management plan notice, for part 3 (Public unleased land\npermits)—see section 55 (2) (Suitability of activities—risk\nmanagement plan).\nshow cause period, for part 3 (Public unleased land permits)—see\nsection 54 (3) (b) (ii) (Suitability of activities—public consultation\nsubmissions).\nsign, on public unleased land—see section 24.\nsign approval—see section 25 (1) (Approval to place sign on public\nunleased land).\nsuitability information—\n(a) about a person—see section 47; and\n(b) about an activity—see section 50.\nsuitable activity, for a public unleased land permit—see section 49.\nsuitable person, to hold a public unleased land permit—see\nsection 46.\ntree damaging activity approval, for division 2.6 (Trees and other\nplants affecting public unleased land)—see section 30.\nuse, public unleased land, for part 3 (Public unleased land permits)—\nsee section 41.\nvehicle—see the Road Transport (General) Act 1999, dictionary.\nwarrant, for part 4 (Enforcement)—see section 88.\nwilderness area—see the Nature Conservation Act 2014,\nsection 170.\nwork, on public unleased land—see section 18.\nwork approval—see section 19.\n\nAbout the endnotes 1\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.\n","sortOrder":140},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 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\nPublic Unleased Land Act 2013 A2013-3\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nremainder commenced 1 July 2013 (s 2 and CN2013-9)\nas amended by\nTerritory and Municipal Services Legislation Amendment Act 2014\nA2014-32 pt 5\nnotified LR 20 August 2014\ns 1, s 2 commenced 20 August 2014 (LA s 75 (1))\npt 5 commenced 21 August 2014 (s 2)\nRed Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 10\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\npt 10 commenced 7 November 2014 (s 2)\nNature Conservation Act 2014 A2014-59 sch 2 pt 2.13\nnotified LR 11 December 2014\ns 1, s 2 commenced 11 December 2014 (LA s 75 (1))\nsch 2 pt 2.13 commenced 11 June 2015 (s 2 (1) and LA s 79)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 17\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 17 commenced 1 July 2015 (s 2 and CN2015-9)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.57, sch 3 pt 3.3\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.57, sch 3 pt 3.3 commenced 14 October 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.37, sch 4 pt 4.7\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.37, sch 4 pt 4.7 commenced 27 April 2016 (s 2)\n\nLegislation history 3\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.24\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.24 commenced 9 March 2017 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 15\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 15 commenced 30 April 2018 (s 2 (2) (a) and see Road Transport\n(Road Rules) Regulation 2017 SL2017-43 s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.31\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.31 commenced 23 October 2018 (s 2 (4))\nLitter Legislation Amendment Act 2019 A2019-39 pt 4\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\npt 4 commenced 1 November 2019 (s 2 (1))\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.20\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.20 commenced 14 November 2019 (s 2 (1))\nElectoral Legislation Amendment Act 2020 A2020-28 pt 3\nnotified LR 8 July 2020\ns 1, s 2 commenced 8 July 2020 (LA s 75 (1))\npt 3 commenced 9 July 2020 (s 2 (1))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.54\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.54 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n\nElectoral and Road Safety Legislation Amendment Act 2023 A2023-43\npt 3\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\npt 3 commenced 29 November 2023 (s 2 (1))\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.8\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.73, sch 4\npt 4.144\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.73, sch 4 pt 4.144 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nMeaning of carries on business as a hawker\ns 9A hdg sub A2017-4 amdt 3.163\ns 9A ins A2015-33 amdt 3.3\nDirector-general may fix or change public road levels\ns 10 am A2015-33 amdt 1.202; amdt 1.203\nDirector-general may temporarily close public roads\ns 11 am A2015-33 amdt 1.204\nApproval to use closed road\ns 12 am A2017-4 amdt 3.167; A2025-29 amdt 4.145\nDirections to construct surface water drains\ns 15 am A2025-29 amdt 4.145\nApproval to carry out work on public unleased land\ns 19 am A2014-59 amdt 2.96; ss renum R4 LA; A2017-4\namdt 3.167; A2023-52 amdts 1.45-1.47; A2025-29\namdt 4.145\nDirections to repair damage to public unleased land\ns 21 am A2014-59 amdt 2.97; A2025-29 amdt 4.145\nApproval to place sign on public unleased land\ns 25 am A2017-4 amdt 3.167; A2025-29 amdt 4.145\nOffence—place fixed sign on public unleased land without approval\ns 26 hdg sub A2014-32 s 10\ns 26 am A2014-32 s 11\nMovable signs code of practice\ns 27 am A2025-29 amdt 4.145\nOffence—fail to comply with code of practice\ns 28 am A2023-43 s 84, s 85; ss renum R17 LA\nDefinitions—div 2.6\ns 30 sub A2023-52 amdt 1.48\ndef damage om A2023-52 amdt 1.48\ndef leased land ins A2023-52 amdt 1.48\ndef registered tree sub A2023-52 amdt 1.48\ndef tree damaging activity approval ins A2023-52 amdt 1.48\ndef tree protection approval om A2023-52 amdt 1.48\nDirection to prune tree etc overhanging public unleased land\ns 31 am A2019-42 amdt 3.98; A2023-52 amdts 1.49-1.51;\nA2025-29 amdt 4.145\n\nDirection to remove tree etc endangering public on public unleased land\ns 34 am A2023-52 amdts 1.52-1.54; A2025-29 amdt 4.145\nGraffiti removal from property on leased territory land\ns 38 am A2017-4 amdt 3.167\nWhen does a person use public unleased land?—pt 3\ns 41 am A2015-33 amdt 3.4; A2025-29 amdt 4.145\nOffence—use public unleased land without permit\ns 43 am A2014-59 amdt 2.98, amdt 2.99; ss renum R4 LA;\nA2015-33 amdt 3.5; A2023-36 amdt 1.319\nPublic unleased land permit—application\ns 45 am A2014-47 s 15; A2014-59 amdt 2.100; A2017-4\namdt 3.164; A2023-52 amdt 1.55; A2025-29 amdt 4.145\nWhat is suitability information about a person?\ns 47 am A2023-36 amdt 1.320\nSuitability of people—further information about people\ns 48 am A2017-4 amdt 3.167\nWhat is suitability information about an activity?\ns 50 am A2023-52 amdt 1.56, amdt 1.57; pars renum R18 LA\nSuitability of activities—further information about activity\ns 51 am A2017-4 amdt 3.167\nSuitability of activities—other approvals\ns 52 am A2017-4 amdt 3.167\nSuitability of activities—consultation with conservator\ns 52A ins A2014-59 amdt 2.101\nSuitability of activities—public consultation\ns 53 am A2015-33 amdt 1.205; A2017-4 amdt 3.165\nSuitability of activities—public consultation submissions\ns 54 am A2017-4 amdt 3.167\nSuitability of activities—risk management plan\ns 55 am A2017-4 amdt 3.167\nSuitability of activities—inspection of object\ns 56 am A2017-4 amdt 3.167\nPublic unleased land permit—decision on application\ns 57 am A2014-59 amdt 2.102; ss renum R4 LA; A2023-52\namdt 1.58\nPublic unleased land permit—term\ns 59 am A2015-33 amdt 3.6\n\nFinancial assurance condition—imposition\ns 61 am A2025-29 amdt 4.145\nFinancial assurance condition—show cause\ns 62 am A2017-4 amdt 3.167\nFinancial assurance condition—notice before claim or realisation\ns 65 am A2017-4 amdt 3.167\nFinancial assurance condition—recovery of extra costs\ns 66 am A2017-4 amdt 3.167\nPublic unleased land permit—amendment initiated by director-general\ns 68 am A2017-4 amdt 3.165\nPublic unleased land permit—application to amend permit\ns 69 am A2025-29 amdt 4.145\nPublic unleased land permit—application to transfer permit\ns 71 am A2025-29 amdt 4.145\nPublic unleased land permit—application for renewal of permit\ns 73 am A2016-18 amdt 4.9; A2025-29 amdt 4.145\nPublic unleased land permit—replacing when lost, stolen or destroyed\ns 75 am A2016-18 amdt 3.173, amdt 3.174; A2025-29 amdt 4.145\nPublic unleased land permit—surrender\ns 76 am A2016-18 amdt 3.175, amdt 3.176; A2025-29 amdt 4.145\nPublic unleased land permit—taking regulatory action\ns 81 am A2017-4 amdt 3.167\nPublic unleased land permit—immediate suspension\ns 82 am A2017-4 amdt 3.167\nDirection to give name and address\ns 92 am A2025-29 amdt 4.145\nDirection to produce approval, permit or insurance policy\ns 94 am A2025-29 amdt 4.145\nDirection to leave permitted public unleased land\ns 96 am A2025-29 amdt 4.145\nDirection to remove objects from public unleased land\ns 98 am A2014-32 s 12; A2017-14 s 47; A2019-39 s 46; A2025-29\namdt 3.250, amdt 4.145\nOffence—hawkers obstructing or endangering public\ns 99A ins A2015-33 amdt 3.7\nDirector-general’s directions\ns 100 am A2025-29 amdt 4.145\n\nEmergency closure notice\ns 103 am A2017-4 amdt 3.167\nRemoval of objects by Territory\ns 105 am A2019-39 s 47, s 48; ss renum R13 LA\nRemoval of non-compliant electoral advertising signs by Territory\ns 105A ins A2020-28 s 40\nam A2023-43 s 86, s 87\nDisposal of objects by Territory\ns 106 am A2017-4 amdt 3.167; A2020-28 s 41\nWarrants—application made other than in person\ns 113 am A2018-33 amdt 1.59, amdt 1.60\nReceipt for things seized\ns 117 am A2025-29 amdt 4.145\nReviewable decision notices\ns 128 am A2025-29 amdt 4.145\nApplications for review\ns 129 am A2025-29 amdt 4.145\nDetermination of fees etc\ns 130 am A2025-29 amdt 4.145\nApproved forms\ns 131 am A2025-29 amdt 4.145\nRegulation-making power\ns 132 am A2025-29 amdt 4.145\nLegislation amended—sch 2\ns 133 om LA s 89 (3)\nLegislation repealed\ns 134 om LA s 89 (3)\nTransitional\npt 20 hdg exp 1 July 2015 (s 205)\nDefinitions—pt 20\ns 200 exp 1 July 2015 (s 205)\ndef commencement day exp 1 July 2015 (s 205)\nPermissions to use closed road to be closed road approvals\ns 201 exp 1 July 2015 (s 205)\nPermissions to interfere etc be work approvals\ns 202 exp 1 July 2015 (s 205)\nPermissions to exhibit advertisements to be sign approvals\ns 203 exp 1 July 2015 (s 205)\n\nOld permits to be public unleased land permits\ns 204 exp 1 July 2015 (s 205)\nExpiry—pt 20\ns 205 exp 1 July 2015 (s 205)\nTransitional—Red Tape Reduction Legislation Amendment Act 2015\npt 21 hdg ins A2015-33 amdt 3.8\nMeaning of commencement day—pt 21\ns 206 ins A2015-33 amdt 3.8\nHawkers licence\ns 207 ins A2015-33 amdt 3.8\nExpiry—pt 21\ns 208 ins A2015-33 amdt 3.8\nReviewable decisions\nsch 1 am A2020-28 s 42\nConsequential amendments\nsch 2 om LA s 89 (3)\ndict am A2015-33 amdt 1.206; A2023-36 amdt 1.321\ndef carries on business as a hawker ins A2017-4\namdt 3.166\ndef conservator ins A2014-59 amdt 2.103\ndef damage sub A2023-52 amdt 1.59\ndef land sublease ins A2015-19 s 113\nsub A2023-36 amdt 1.322\ndef leased land ins A2023-52 amdt 1.60\ndef owner am A2015-19 s 114\ndef proposed new permit holder ins A2017-4 amdt 3.166\ndef protected tree ins A2023-52 amdt 1.60\ndef registered tree sub A2023-52 amdt 1.61\ndef reserve ins A2014-59 amdt 2.103\ndef tree damaging activity approval ins A2023-52 amdt 1.62\ndef tree protection approval om A2023-52 amdt 1.63\ndef wilderness area ins A2014-59 amdt 2.103\n\n5 Earlier republications\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\n1 July 2013–\n20 Aug 2014\nnot amended new Act\n21 Aug 2014\n21 Aug 2014–\n6 Nov 2014\nA2014-32 amendments by\nA2014-32\n7 Nov 2014\n7 Nov 2014–\nA2014-47 amendments by\nA2014-47\n11 June 2015–\nA2014-59 amendments by\nA2014-59\n1 July 2015–\nA2015-19 amendments by\nA2015-19\n2 July 2015–\n13 Oct 2015\nA2015-19 expiry of\ntransitional\nprovisions (pt 20)\nR7 (RI)\n18 Jan 2016\n14 Oct 2015–\n26 Apr 2016\nA2015-33 amendments by\nA2015-33\nreissue for textual\ncorrection in s 43\n27 Apr 2016\n27 Apr 2016–\n8 Mar 2017\nA2016-18 amendments by\nA2016-18\n9 Mar 2017\n9 Mar 2017–\n29 Apr 2018\nA2017-4 amendments by\nA2017-4\n30 Apr 2018\n30 Apr 2018–\n14 Oct 2018\nA2017-14 amendments by\nA2017-14\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\n15 Oct 2018\n15 Oct 2018–\n22 Oct 2018\nA2017-14 expiry of\ntransitional\nprovisions (pt 21)\n23 Oct 2018\n23 Oct 2018–\n31 Oct 2019\nA2018-33 amendments by\nA2018-33\n1 Nov 2019\n1 Nov 2019–\n13 Nov 2019\nA2019-39 amendments by\nA2019-39\n14 Nov 2019\n14 Nov 2019–\nA2019-42 amendments by\nA2019-42\n9 July 2020–\n26 Nov 2023\nA2020-28 amendments by\nA2020-28\n27 Nov 2023\n27 Nov 2023–\n28 Nov 2023\nA2023-36 amendments by\nA2023-36\n29 Nov 2023\n29 Nov 2023–\n31 Dec 2023\nA2023-43 amendments by\nA2023-43\n1 Jan 2024\n1 Jan 2024–\n25 Nov 2025\nA2023-52 amendments by\nA2023-52\n\n6 Expired transitional or validating provisions\n6 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":141}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded and refined by amendments since enactment. Examples: hawker definition and time/distance carve‑outs added (s9A, A2015‑33); tree‑protection and interaction with the Urban Forest Act were integrated (ss30,31,34; A2023‑52); powers to remove non‑compliant electoral advertising were inserted (s105A; A2020‑28, A2023‑43); and financial assurance rules were clarified/adjusted (s61, amended A2025‑29). These amendments broaden substantive coverage and add procedural layers (see amendment history endnotes and cited sections)."},"complexity_factors":["High administrative discretion: many key decisions rest with the director‑general (approvals, conditions, amendments, suspensions) (see ss10,12,19,57,68,81).","Layered procedural requirements: multiple notice types, consultation steps, show‑cause and appeal windows with prescribed timeframes (see ss10(2),12(2),53–55,62–63,81).","Cross‑legislative links: frequent references to other Acts (Urban Forest Act 2023, Nature Conservation Act 2014, Road Transport Acts) that affect applicability and approvals (see ss30,31,34,52,Dictionary).","Financial assurance and recovery mechanics: detailed rules on when guarantees may be required, claimed, realised and recovered as debts (see ss60–67).","Strict‑liability offences and varied penalties: numerous offences attract strict liability and a range of penalty unit maxima, increasing compliance risk (see ss13,16,20,22,26,28,43,99A).","Robust enforcement powers: entry, seizure, warrants, removal and disposal with statutory safeguards and compensation paths (see pt 4, ss107–124,125–126).","Record keeping and registers: mandatory permit register, correction powers and public disclosure potential (see ss86–87).","Multiple review routes and reviewable decisions: administrative review through ACAT and specified reviewable decision notices (see pt 5, sch 1)."],"plain_english_summary":"This Act sets out how public unleased territory land in the ACT is managed: the director‑general may fix or close roads, require drainage works, permit or prohibit signs, works and exclusive‑use permits, and remove or seize objects (see s10, s12, s19, s57, s105).  Permit‑holders, occupiers and hawkers must meet suitability tests, conditions and timeframes and may be required to post financial assurance; the Territory can recover costs or claim guarantees if damage occurs (see s61, s64, s17)."},"kimi_summary":{"_metrics":{"completionTokens":833},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as an Act about public unleased land. While it has been amended multiple times (19 republications, most recently in November 2025), these amendments appear to be updates for consistency with other legislation (e.g., Urban Forest Act 2023, Planning Act 2023) and operational refinements rather than expansion beyond the core purpose of managing and protecting public unleased land and facilitating its appropriate use."},"complexity_factors":["132 sections across 6 Parts with 10 Divisions and multiple subdivisions","Extensive cross-referencing to other ACT laws (Urban Forest Act 2023, Nature Conservation Act 2014, Planning Act 2023, Road Transport Acts, etc.)","Nested conditional logic: permit exemptions depend on multiple overlapping conditions (s 43)","Multiple approval pathways with interdependencies (work approvals, sign approvals, closed road approvals, public unleased land permits)","Financial assurance conditions with detailed procedural requirements (show cause periods, realisation, interest calculations)","Suitability assessment framework requiring information about persons, activities, public consultation, risk management plans, and inspections","Strict liability offences throughout (no fault element required)","Defined terms in Dictionary plus signpost definitions pointing to other legislation","Transitional and amendment history showing 19 republications and numerous amendments since 2013"],"plain_english_summary":"The Act regulates use and protection of public unleased land in the ACT — requiring approvals for works and signs, controlling trees and graffiti, and imposing a permit regime for exclusive uses (events, markets, outdoor dining, skips, etc.). It enables the Territory to repair damage and recover costs.\n\nIt also provides enforcement powers (entry, seizure, emergency closures), allows many decisions to be reviewed by ACAT, and affects event organisers, businesses, construction firms, landowners with overhanging trees, hawkers and the general public."}},"importantCases":[],"_links":{"self":"/api/acts/public-unleased-land-act-2013","history":"/api/acts/public-unleased-land-act-2013/history","analysis":"/api/acts/public-unleased-land-act-2013/analysis","conflicts":"/api/acts/public-unleased-land-act-2013/conflicts","importantCases":"/api/acts/public-unleased-land-act-2013/important-cases","documents":"/api/acts/public-unleased-land-act-2013/documents"}}