Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Planning (Transitional Provisions)
Regulation 2023
SL2023-29
made under the
Planning Act 2023
Republication No 1
Effective: 27 November 2023
Republication date: 27 November 2023
Regulation not amended
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 Planning (Transitional Provisions) Regulation 2023, made under
the Planning Act 2023 (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,
repeal or expiry affecting this republished law.
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 amendments
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).
R1
27/11/23
Planning (Transitional Provisions) Regulation 2023
Effective: 27/11/23
contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Planning (Transitional Provisions)
Regulation 2023
made under the
Planning Act 2023
Contents
Page
1 Name of regulation 2
3 Notes 2
4 Modification of Act, ch 20—Act, s 601 2
5 Expiry 2
Schedule 1 Modification of Act 3
Endnotes
1 About the endnotes 6
2 Abbreviation key 6
Contents
Page
contents 2 Planning (Transitional Provisions) Regulation 2023
Effective: 27/11/23
R1
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Legislation history 7
4 Amendment history 7
R1
27/11/23
Planning (Transitional Provisions) Regulation 2023
Effective: 27/11/23
page 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Planning (Transitional Provisions)
Regulation 2023
made under the
Planning Act 2023
Section 1
page 2 Planning (Transitional Provisions) Regulation 2023
Effective: 27/11/23
R1
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of regulation
This regulation is the Planning (Transitional Provisions)
Regulation 2023.
3 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4 Modification of Act, ch 20—Act, s 601
The Act, chapter 20 is modified by schedule 1.
5 Expiry
This regulation expires on the day the Act, section 602 (Expiry—
ch 20) expires.
Modification of Act Schedule 1
Amendment [1.1]
R1
27/11/23
Planning (Transitional Provisions) Regulation 2023
Effective: 27/11/23
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Schedule 1 Modification of Act
(see s 4)
[1.1] New section 609 (4) to (8)
insert
(4) An interim territory plan is taken, for all purposes, to be the territory
plan.
(5) To avoid any doubt, an interim territory plan may be amended in
accordance with part 5.2 (Territory plan—major plan amendments)
or part 5.3 (Territory plan—minor plan amendments).
(6) If an interim territory plan is amended during the inquiry period for
the plan, the territory planning authority must give the relevant
Assembly committee written notice of the amendment within 5 days
of the amendment being made.
(7) An amendment of an interim territory plan is not invalid only because
the territory planning authority has not complied with subsection (6).
(8) In this section:
inquiry period, for an interim territory plan, means the period
beginning on the day the Minister gives the relevant Assembly
committee the territory plan under section 608 (1) and ending—
(a) if the committee decides not to hold an inquiry—on the day the
committee gives the Minister notice of the decision under
section 608 (2) (a); or
(b) if the committee decides to hold an inquiry—on the day the
committee reports to the Minister under section 608 (2) (b).
Schedule 1 Modification of Act
Amendment [1.2]
page 4 Planning (Transitional Provisions) Regulation 2023
Effective: 27/11/23
R1
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
[1.2] Section 610 (3) (b)
substitute
(b) confirm the interim territory plan approved under
section 609 (2) (whether or not the interim territory plan has
been amended).
[1.3] New section 610 (4A)
insert
(4A) A resolution by the Legislative Assembly under subsection (3) does
not affect—
(a) any major plan amendment of the interim plan started, but not
commenced, before the resolution; or
(b) any minor amendment of the interim plan for which limited
consultation has been undertaken, but the amendment has not
commenced, before the resolution.
Note For when a major plan amendment starts, see s 53 (1).
[1.4] New section 621 (2A) and (2B)
insert
(2A) The grant of a lease to which a pre-grant process relates is taken to be
a lease granted under this Act, section 263.
(2B) Despite section 52 (Effect of territory plan), the grant of the lease
need not be consistent with the territory plan if the grant is consistent
with the Territory Plan 2008 (NI2008-27) (repealed), as in force
immediately before the commencement day.
Modification of Act Schedule 1
Amendment [1.5]
R1
27/11/23
Planning (Transitional Provisions) Regulation 2023
Effective: 27/11/23
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
[1.5] Section 621 (3), definition of pre-grant process,
paragraph (a)
substitute
(a) a government entity giving notice of an auction, tender, ballot or
direct sale; and
[1.6] New section 622 (3A)
insert
(3A) Despite section 52 (Effect of territory plan), the grant of a further
lease on the application need not be consistent with the territory plan
if the grant is consistent with the Territory Plan 2008 (NI2008-27)
(repealed), as in force immediately before the commencement day.
Endnotes
1 About the endnotes
page 6 Planning (Transitional Provisions) Regulation 2023
Effective: 27/11/23
R1
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
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