Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Districts Act 2002
A2002-39
Republication No 9
Effective: 27 November 2023
Republication date: 27 November 2023
Last amendment made by A2023-36
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Districts Act 2002 (including any amendment made under the
Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 November 2023. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
27 November 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Districts Act 2002
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
Part 2 Dividing land
5 Districts 3
6 Divisions, sections and blocks 3
7 Deposited plans 4
8 Evidence 5
9 Description of parcel of land for dealings 5
10 Change of district or division names 5
11 Correction etc of instruments 6
12 Inspection of plans 6
Contents
Page
contents 2 Districts Act 2002
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Part 3 Street addresses
13 Allocation of street addresses 7
14 Guidelines about allocation of street addresses 7
15 Requirement to display allocated address etc 8
16 Action if requirement not complied with 9
Part 4 Digital cadastral database
17 Digital cadastral database 10
Part 5 Miscellaneous
18 Delegation by Minister 11
19 Regulation-making power 11
Dictionary 12
Endnotes
1 About the endnotes 13
2 Abbreviation key 13
3 Legislation history 14
4 Amendment history 16
5 Earlier republications 17
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Australian Capital Territory
Districts Act 2002
An Act to provide for the division and description of land, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Districts Act 2002.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words and
expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this Act
or in other legislation.
For example, the signpost definition ‘digital cadastral database—see
section 17.’ means that the expression ‘digital cadastral database’ is
defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Dividing land Part 2
Section 5
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Part 2 Dividing land
5 Districts
(1) The Minister must, by deposited plan, divide the land in the ACT into
districts.
(2) The boundaries of each district are the boundaries shown on the
deposited plan by which the district is created.
(3) The Minister must determine a distinguishing name for each district.
(4) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
6 Divisions, sections and blocks
(1) The Minister may, by deposited plan, do any of the following:
(a) divide a district, or part of a district, into divisions or blocks;
(b) divide a division, or part of a division, into sections;
(c) divide a section into blocks.
(2) The boundaries of each division, section or block are the boundaries
shown on the deposited plan by which the division, section or block
is created.
Note The Minister must determine a distinguishing name for each division—
see the Public Place Names Act 1989, s 3 (1) (a).
(3) The Minister must give each section and block a distinguishing
number.
Part 2 Dividing land
Section 7
page 4 Districts Act 2002
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7 Deposited plans
(1) A deposited plan is a plan prepared by a registered surveyor and
registered by the registrar-general under this section.
(2) The plan must—
(a) set out the boundaries of, and the distinguishing name or number
for, each district, division, section or block to be created by the
plan; and
(b) be lodged with the registrar-general in registrable form.
Note A fee may be determined under the Land Titles Act 1925, s 139 for
lodging plans with the registrar-general.
(3) The registrar-general may register the plan only if the surveyor-
general has certified that—
(a) the land divided by the plan is correctly described; and
(b) the plan complies with this Act.
(4) For subsection (3) (a), the surveyor-general may certify that land
divided by the plan is correctly described only if––
(a) the boundaries of the land have been established by a registered
surveyor––
(i) by survey; or
(ii) for land that the plan divides into districts or divisions or
that the surveyor-general is satisfied is to be the subject of
a holding lease––by reference to information in the digital
cadastral database; and
(b) the plan and the information in the digital cadastral database are
not inconsistent with each other.
(5) If this section is complied with, the registrar-general must register the
plan by entering particulars of the plan, including a number for the
plan, in the land titles register.
Dividing land Part 2
Section 8
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(6) If the plan amends another deposited plan, the registrar-general must
also enter a reference to the amendment on the other deposited plan.
(7) In this section:
holding lease means a lease issued to allow for urban development
and subdivision.
registrable form—a plan is in registrable form if—
(a) it does not require a material correction, alteration or addition;
and
(b) it is in a printed or electronic form that the registrar-general is
satisfied is suitable for registration; and
(c) it is otherwise in accordance with this Act.
8 Evidence
A deposited plan is evidence of the measurements and boundaries of
the areas of land shown on it unless the contrary is proved.
9 Description of parcel of land for dealings
The description of a parcel of land by reference to the name or number
of the district, division, section or block by which the parcel of land
is described in the deposited plan on which the parcel of land is shown
is sufficient description of the parcel of land for dealings with the
parcel of land.
10 Change of district or division names
(1) This section applies if—
(a) a name (the earlier name) has been determined for a district or
division as mentioned in section 5 (Districts) or section 6
(Divisions, sections and blocks); and
(b) another name (the later name) is later determined for the district
or division.
Part 2 Dividing land
Section 11
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(2) A reference in a deposited plan or any other instrument to the earlier
name is, from the time the later determination has effect, taken to be
a reference to the later name.
11 Correction etc of instruments
(1) If an instrument relating to a parcel of land shown in a deposited plan
is presented to the registrar-general, the registrar-general must make
the entries, cancellations and corrections (if any) to the instrument the
registrar-general considers necessary so that the parcel of land is
described by reference to the name or number of the district, division,
section or block by which it is described in the deposited plan.
(2) In this section:
instrument means the original of an instrument in the land titles
register.
12 Inspection of plans
(1) The registrar-general must make plans lodged under this Act
available for inspection at the registrar-general’s office.
(2) The registrar-general may also make plans available for inspection in
other ways (for example, by emailing copies to people on request).
(3) Plans may be made available for inspection in printed or electronic
form.
Note A fee may be determined under the Land Titles Act 1925, s 139 for
inspection of plans.
Street addresses Part 3
Section 13
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Part 3 Street addresses
13 Allocation of street addresses
(1) The Minister may allocate a street address to a block or unit.
(2) The allocation must be in accordance with the guidelines (if any)
made by the Minister under section 14.
(3) If the Minister allocates a street address to a block or unit, the Minister
must—
(a) record details of the street address in—
(i) a register kept for this section by the Minister; and
(ii) the digital cadastral database; and
(b) make details of the street address publicly available (for
example, through ACT government shopfronts and public
libraries).
14 Guidelines about allocation of street addresses
(1) The Minister may make guidelines about the allocation of street
addresses to blocks and units.
(2) The guidelines may make provision about a matter by applying,
adopting or incorporating an Australian Standard, or a provision of
an Australian Standard, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or instrument,
whether applied as in force from time to time or as at a particular time, is
taken to be a notifiable instrument if the operation of the Legislation Act
2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the Legislation Act 2001.
(3) The guidelines are a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
Part 3 Street addresses
Section 15
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15 Requirement to display allocated address etc
(1) This section applies if—
(a) details of the allocated address for a block or unit have been
recorded and made available under section 13; and
(b) either—
(i) the allocated address is not displayed at the frontage of the
block or unit; or
(ii) a street address other than the allocated address is
displayed at the frontage of the block or unit; and
(c) the owner of the block or unit has been given written notice of
the allocated address.
(2) The Minister may, in writing, require the owner of the block or unit—
(a) to display the allocated address at the frontage of the block or
unit; or
(b) if a street address other than the allocated address is displayed
at the frontage of the block or unit—
(i) to remove the street address; and
(ii) to display the allocated address at the frontage of the block
or unit.
Note For how documents may be served, see Legislation Act 2001, pt 19.5.
(3) The requirement must state the time within which the action must be
taken.
(4) The time stated must not be less than 21 days after the day the
requirement is made.
Street addresses Part 3
Section 16
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16 Action if requirement not complied with
(1) This section applies if the owner of a block or unit does not comply
with a requirement under section 15 in relation to the block or unit.
(2) The Minister may arrange for the taking of reasonable action to
ensure—
(a) the allocated address is displayed at the frontage of the block or
unit; or
(b) the street address other than the allocated address is removed
from, and the allocated address displayed at, the frontage of the
block or unit.
(3) The reasonable cost of work carried out under this section is a debt
owing to the Territory by the owner of the block or unit.
Part 4 Digital cadastral database
Section 17
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Part 4 Digital cadastral database
17 Digital cadastral database
(1) The territory planning authority must keep an electronic database of
information about land in the ACT (the digital cadastral database).
(2) The digital cadastral database must include the following
information:
(a) the boundaries of, and the distinguishing name or number for,
each district, division, section and block created under section 5
(Districts) or section 6 (Divisions, sections and blocks of
districts);
(b) each allocated address.
(3) The digital cadastral database may include any other information the
territory planning authority considers appropriate.
Miscellaneous Part 5
Section 18
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Part 5 Miscellaneous
18 Delegation by Minister
(1) The Minister must not delegate the Minister’s functions under this
Act to someone other than the surveyor-general.
Note For the making of delegations and the exercise of delegated functions,
see Legislation Act 2001, pt 19.4.
(2) Subsection (1) has effect despite the Legislation Act 2001,
section 254A (Delegation by Minister).
19 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act 2001.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act 2001 contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the following terms that are defined in the Legislation
Act 2001, dict, pt 1, are particularly relevant to this Act:
• function
• registered surveyor
• registrar-general
• surveyor-general
• territory planning authority.
allocated address, for a block or unit, means the street address
allocated to the block or unit under section 13.
block means a block under section 6.
deposited plan—see section 7.
digital cadastral database—see section 17.
district means a district under section 5.
division, in relation to land, means a division under section 6.
section, in relation to land, means a section under section 6.
unit—see the Unit Titles Act 2001, section 9.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Districts Act 2002 A2002-39
notified LR 10 October 2002
s 1, s 2 commenced 10 October 2002 (LA s 75 (1))
remainder commenced 11 October 2002 (s 2)
as amended by
Public Place Names Amendment Act 2002 A2002-54 s 6
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
s 6 commenced 21 December 2002 (s 2)
Surveyors Act 2007 A2007-33 sch 1 pt 1.1
notified LR 25 October 2007
s 1, s 2 commenced 25 October 2007 (LA s 75 (1))
sch 1 pt 1.1 commenced 14 November 2007 (s 2 and CN2007-15)
Surveyors Amendment Act 2010 A2010-6 sch 1 pt 1.1
notified LR 2 March 2010
s 1, s 2 commenced 2 March 2010 (LA s 75 (1))
sch 1 pt 1.1 commenced 3 March 2010 (s 2)
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.9
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.9 commenced 21 September 2011 (s 2 (1))
Planning, Building and Environment Legislation Amendment
Act 2013 A2013-15 pt 5
notified LR 21 May 2013
s 1, s 2 commenced 21 May 2013 (LA s 75 (1))
pt 5 commenced 22 May 2013 (s 2)
Land Titles (Electronic Conveyancing) Legislation Amendment
Act 2020 A2020-16 sch 1 pt 1.7
notified LR 13 May 2020
s 1, s 2 commenced 13 May 2020 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 June 2020 (s 2 and see Electronic
Conveyancing National Law (ACT) Act 2020 A2020-15 s 2)
Endnotes
Legislation history 3
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Planning (Consequential Amendments) Act 2023 A2023-36
sch 1 pt 1.18
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.18 commenced 27 November 2023 (s 2 (1) and see
Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)
Endnotes
4 Amendment history
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Districts
s 5 am A2011-28 amdt 3.56
Divisions, sections and blocks
s 6 am A2002-54 s 6; A2013-15 s 9; ss renum R7 LA
Deposited plans
s 7 am A2007-33 amdt 1.1, amdt 1.4; A2010-6 amdt 1.1;
A2020-16 amdt 1.25
Correction etc of instruments
s 11 am A2020-16 amdt 1.26
Inspection of plans
s 12 am A2011-28 amdt 3.57
Allocation of street addresses
s 13 am A2011-28 amdt 3.57
Guidelines about allocation of street addresses
s 14 am A2011-28 amdt 3.58
Digital cadastral database
s 17 am A2007-33 amdt 1.2, amdt 1.3; A2023-36 amdt 1.106
Delegation by Minister
s 18 am A2007-33 amdt 1.4; A2010-6 amdt 1.2
Transitional and consequential provisions
pt 6 hdg exp 11 October 2003 (s 23)
Districts and deposited plans under repealed Act
s 20 exp 11 October 2003 (s 23)
Repeal of Districts Act 1966
s 21 om LA s 89 (3)
Amended Acts
s 22 om LA s 89 (3)
Expiry of pt 6
s 23 exp 11 October 2003 (s 23)
Amendments of other Acts
sch 1 om LA s 89 (3)
Dictionary
dict am A2007-33 amdt 1.4; A2010-6 amdt 1.3, amdt 1.4;
A2023-36 amdt 1.107