Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO 100 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Land (Planning and Environment) Act 1991.  
   3.      This Act binds the Crown.  
   4.      In this Act, unless the contrary intention appears—“Assessment” means an Assessment made under Division 3 of Part IV; “Authority” means the Australian Capital Territory Planning Authority established under Division 4 of Part II; “Conservator” means the Conservator of Wildlife appointed under section 7 of the Nature Conservation Act 1980;  

   PART II--PLANNING

   5.      In this Part, unless the contrary intention appears—“background papers”, in relation to a draft Plan variation or a Plan variation means—  
   6.      In this Part, unless the contrary intention appears, a reference to a draft Plan variation is to be read as including a reference to—  
   8.      The Territory, the Executive, a Minister or a Territory authority shall not do any act, or approve the doing of any act, that is inconsistent with the Plan.  
   12.     Where, immediately before the Plan comes into effect under this Act, it would be lawful to use any land in a particular way in the exercise of a right derived from an estate in that land, the Plan does not prevent the use of that land in that way during the term of the estate.  
   13.     The plan established under Part III of the Interim Planning Act 1990, being that plan as in effect under that Act immediately before the commencement of this section, continues in effect under this Act as the Territory Plan and may be varied in accordance with this Part.  
   14.     This Subdivision does not apply in relation to a variation to the Plan under Subdivision D.  
   16.     In preparing a draft Plan variation, the Authority shall consider any submission made by the Conservator, including any preliminary draft Plan of Management under Subdivision D of Division 5 of Part V accompanying such a submission.  
   20.     Before submitting a draft Plan variation to the Executive, the Authority shall consult with the National Authority about the draft.  
   23.     This Subdivision does not apply in relation to a Plan variation under Subdivision D.  
   24.     (1) After the expiration of the period specified in the notice under subsection 19 (1), the Authority shall submit a draft Plan variation to the Executive for approval, together with—  
   25.     The Executive shall, within 28 days of receiving a draft Plan variation under section 24, refer—  
   27.     If the Executive returns a draft Plan variation to the Authority under paragraph 26 (1) (b), the Authority shall—  
   28.     Where the Authority, in compliance with an Executive direction under subparagraph 26 (1) (b) (v), defers a draft Plan variation, on the date specified in the notice of deferral, or within a reasonable time after the occurrence of the event specified in that notice, as the case requires, the Authority shall—  
   30.     A Plan variation, or a provision of a Plan variation, comes into effect on the date specified in the relevant notice under subsection 29 (6) or paragraph 29 (9) (a).  
   31.     In this Subdivision—“defined land” means land identified in the Plan pursuant to paragraph 7 (3) (e).  
   33.     The Australian Capital Territory Planning Authority is established by this section.  
   34.     The Authority is constituted by the Chief Planner.  
   35.     The Authority is an agent of the Crown.  
   39.     The Authority shall, after each 30 June, prepare and furnish to the Minister a report of the operations of the Authority during the year ending on that date.  
   40.     The Authority may, by instrument, delegate all or any of the Authority's powers to a public servant or to the holder of an office established by or under an Act.  
   41.     The Authority is to be assisted in the performance of its functions by public servants.  
   42.     Anything done by or in relation to the Authority is not invalid because—  
   46.     The Minister may, by writing, grant leave of absence to the Chief Planner on specified terms and conditions as to remuneration or otherwise.  
   49.     The Chief Planner may resign office by writing signed by him or her and delivered to the Minister.  
   51.     The validity of a provision of the Plan shall not be questioned in any legal proceedings except those commenced within 3 months after the date of the commencement of the provision or of a variation of the provision.  

   PART III--HERITAGE

   52.     (1) In this Part, unless the contrary intention appears—“Aboriginal object” means—  
   53.     In this Part, unless the contrary intention appears, a reference to an interim Heritage Places Register is to be taken to be a reference to—  
   54.     (1) The Heritage Places Register shall—  
   55.     (1) Where there is no Heritage Places Register, during the defined period an interim Heritage Places Register has effect as if it were the Heritage Places Register.  
   56.     In preparing an interim Heritage Places Register, the Heritage Council shall—  
   58.     (1) In preparing an interim Heritage Places Register, the Heritage Council shall—  
   70.     A person shall not without reasonable excuse, disturb, damage or destroy or cause or permit to be disturbed, damaged or destroyed an unregistered Aboriginal place, unless—  
   74.     In this Subdivision— “compensation” means compensation under section 78.  
   75.     This Subdivision applies where—  
   77.     (1) Compensation is only payable for loss or damage attributable to the application of this Subdivision which—  
   78.     (1) Subject to section 77, where the Minister decides that compensation should be paid to an applicant, the Territory shall pay the applicant such amount as is determined by the Minister by notice in writing to the applicant.  
   79.     Before giving an applicant for compensation a notice under section 80, the Minister shall—  
   87.     This Subdivision applies in relation to the following documents:  
   90.     In this Division, unless the contrary intention appears—“appointed member” means a member appointed under paragraph 97 (1) (b); “Chairperson” means the Chairperson of the Heritage Council; “Deputy Chairperson” means the Deputy Chairperson of the Heritage Council; “deputy member” means a deputy member of the Heritage Council; “ex-officio member” means a member referred to in paragraph 97 (1) (a); “member” means a member of the Heritage Council; “Secretary” means the Secretary to the Heritage Council.  
   91.     There is established by this section a council called the Australian Capital Territory Heritage Council.  
   92.     The functions of the Heritage Council are—  
   94.     The Heritage Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.  
   95.     The Heritage Council shall, after each 30 June, prepare and furnish to the Minister a report of the operations of the Heritage Council during the year ending on that date.  
   96.     The Heritage Council may, by resolution at a properly constituted meeting, delegate to the Secretary any of its powers or any functions referred to in paragraph 92 (d).  
   97.     (1) The Heritage Council is constituted by—  
   103.    The Minister may, by writing, grant leave of absence to a member on specified terms and conditions as to remuneration (subject to section 102) or otherwise.  
   105.    A member may resign his or her office by writing signed by the member and delivered to the Minister.  
   110.    At a meeting of the Heritage Council, a majority of the members currently appointed to the Council constitutes a quorum.  

   PART IV--ENVIRONMENTAL ASSESSMENTS AND INQUIRIES

   111.    In this Part, unless the contrary intention appears—“defined decision” means a decision of the Territory, the Executive, a Minister or a Territory authority about a proposal, being a proposal in relation to which a Minister is empowered under Part II, V or VI, an Act other than this Act or a subordinate law—  
   113.    The relevant Minister in relation to a defined decision, or the Environment Minister, may, by written notice to the relevant proponent within 28 days after the day which the decision that a preliminary assessment be required is made, direct the proponent to prepare a preliminary assessment of the environmental impact of the relevant proposal.  
   114.    Where a defined decision is of a class prescribed by the Plan, the relevant Minister shall, within the period referred to in section 113, issue a notice under that section in relation to the relevant proposal.  
   115.    A preliminary assessment shall consist of the matters specified in Schedule 3.  
   119.    Unless otherwise specified in the Act or subordinate law under which it is directed, an Assessment consists of—  
   120.    Public environment reports and environmental impact statements are each to include such matters as are—  
   122.    Where a Minister other than the Environment Minister has the power under an Act or subordinate law to direct that an Assessment be made, the Environment Minister also has that power.  
   126.    The proponent in relation to an environmental impact statement shall, in preparing the statement, consider any written comments from any person or Territory authority, and any reports, related to the environmental impact of the relevant proposal.  
   127.    The proponent shall submit the relevant public environment report or environmental impact statement to the Environment Minister, together with—  
   136.    Where 2 or more proposals, being the subject of 2 or more defined decisions, would in the opinion of the Environment Minister have substantially interconnected effects, he or she may, under section 135, with the consent of the relevant Minister in relation to each decision, establish a panel to conduct an Inquiry into the potential combined effect of those proposals.  
   137.    The Territory shall pay a member of a panel such remuneration as is determined in writing by the relevant Minister.  
   139.    The relevant Minister in relation to an Inquiry shall cause to be published a notice in the Gazette specifying—  
   140.    A panel shall report its findings and recommendations in writing to the relevant Minister in accordance with the terms of reference determined under section 138.  
   144.    At a reasonable time before the commencement of an Inquiry, the presiding member of a panel shall cause to be published in the Gazette, and in a daily newspaper, a notice stating—  
   155.    A person shall not wilfully obstruct or resist an authorised person in the exercise or attempted exercise of his or her powers under this Subdivision.  
   156.    A person shall not, without reasonable excuse—  
   158.    A proponent in relation to an assessment may apply to the Tribunal for review of—  

   PART V--LAND ADMINISTRATION

   168.    The Executive shall not be bound to grant a lease of Territory Land to any applicant, notwithstanding that applications for a lease have been invited and, where applications for a lease have been invited subject to conditions, the Executive may, without granting a lease, invite fresh applications for the lease subject to the same or other conditions.  
   171.    Where—  
   172.    Where—  
   173.    (1) In this section—“improvement” means a building or a structure but does not include a building or structure, or a part of a building or structure—  
   175.    Territory Land in respect of which a lease has been granted, whether before or after the commencement of this Part, shall not be used for any purpose other than a purpose authorised by the lease.  
   181.    Where a lease contains a building and development provision, the lease, or an interest in the lease, shall not be capable of being mortgaged unless—  
   184.    The Executive shall not execute a variation of a lease of Territory Land unless—  
   185.    Where the Executive agrees to a variation of a lease of Territory Land, being a lease under which rent or additional rent is payable, it shall—  
   187.    Where—  
   189.    If, after—  
   190.    A certificate signed by the Minister, or by a person authorised by the Minister to give such a certificate, stating that a lease has been terminated shall be evidence of the termination of the lease.  
   191.    In this Division—“Plan of Management” means a plan of management prepared under Subdivision D, as varied and in effect from time to time; “variation”, in relation to a Plan of Management, includes the revocation of the Plan and its substitution with a new Plan.  
   192.    The Conservator may, in writing, recommend to the Authority that the Plan be varied to provide for—  
   193.     
   194.    An area of public land shall be managed in accordance with—  
   196.    A Plan of Management includes—  
   201.    The Conservator may revise a draft Plan of Management—  
   202.    The Conservator shall submit a draft Plan of Management (as revised under section 201) to the Minister for approval, together with—  
   203.    Where the Conservator submits a draft Plan of Management to the Minister under section 202, the Minister shall, within 7 days of receiving the draft Plan forward—  
   204.    On receipt of a draft Plan of Management submitted under section 202 or 205 for approval, the Minister shall consider any recommendation relating to the draft by a committee of the Legislative Assembly that considers the draft under section 203 and—  
   205.    If the Minister refers a draft Plan of Management to the Conservator under paragraph 204 (b), the Conservator shall—  
   206.    Where the Conservator, in compliance with a direction of the Minister under subparagraph 204 (b) (iv), defers a draft Plan of Management, on the date specified in the notice of deferral, or as soon as possible after the occurrence of the event specified in that notice, as the case requires, the Conservator shall cause to be published in the Gazette and in a daily newspaper a notice stating that the draft is revived.  
   211.    A miner's right may not be granted in respect of public land.  
   213.    Application may be made to the Tribunal for a review of a decision referred to in subsection 212 (1) or (2).  
   218.    A reservation of minerals contained in a lease of Territory Land shall be read as a reservation of all minerals and mineral substances in or on the land, including gold, silver, copper, tin, other metals, ores and substances containing metals, gems, precious stones, coal, limestone, shale, mineral oils, valuable earths and substances, stone, clay, gravel and sand.  
   221.    A person shall not make to—  

   PART VI--APPROVALS AND ORDERS

   223.    For the purposes of this Part, an authority specified as a concurring authority in an item in Schedule 4 is a concurring authority in respect of the controlled activity specified in that item.  
   224.    In this Division, a reference to a controlled activity is to be read as not including a reference to a controlled activity specified in Schedule 5 or declared under another Act to be a controlled activity for the purposes of that Schedule.  
   234.    If a person fails to furnish information in accordance with a notice under subsection 233 (1), the applicant is to be taken to have withdrawn the application on the expiration of the period specified in the notice or any extension of that period.  
   236.    The Minister may—  
   238.    The Minister shall make a copy of each objection available for inspection by members of the public during office hours until the expiration of the period during which application may be made to the Tribunal for a review of a decision in relation to the application.  
   239.    The Minister may, on request by a person making an objection, exclude the identity of the objector from being made available under subsection 237 (3) or section 238 if, in the Minister's opinion, based on reasonable grounds, it would not be in the public interest for that identity to be published.  
   244.    Where a number of persons make 1 objection, the Minister or Executive is to be taken to have complied with subsection 243 (1) or (3), as the case may be, if the Minister or Executive (as the case requires) gives notice—  
   248.    If the Minister is satisfied that an approval contains a formal error, the Minister shall—  
   250.    Subject to section 186, where an approval to conduct a controlled activity specified in item 2 or 3 of Schedule 4 takes effect pursuant to section 249, the Executive shall cause the variation of the lease or the subdivision or consolidation of land to be executed in accordance with the terms of the approval.  
   252.    (1) The lessee or occupier of a place in respect of which an approval to conduct a controlled activity (other than a controlled activity specified in item 2 or 3 of Schedule 4) applies (being an approval which specifies the date for the completion of the activity or any stage of the activity) may, before the expiration of the approval, apply to the Minister for an extension of the period within which to complete the activity or any stage of it.  
   253.    The Minister may revoke an approval—  
   254.    In this Division, unless the contrary intention appears, a reference to a controlled activity is to be read as not including—  
   257.    If the Minister makes an order under section 256, the Minister shall give notice of the making of the order to—  
   264.    The Minister shall issue to each inspector an identity card that specifies the name and appointment of the inspector and on which appears a recent photograph of the inspector.  
   265.    A person appointed to be an inspector shall not, without reasonable excuse, fail to return his or her identity card to the Minister upon ceasing to be an inspector.  
   266.    For the purposes of ascertaining whether or not a controlled activity is being conducted in or on any place—  
   268.    An inspector who enters a place under section 266 is not entitled to remain in or on the place if, on request by the occupier, the inspector does not show his or her identity card to the occupier.  
   270.    Where an authorised person enters land pursuant to paragraph 259 (1) (a), the authorised person shall not carry out the work or conduct the controlled activity otherwise than in accordance with the directions of an inspector.  
   271.    An inspector who takes samples under paragraph 269 (1) (c) shall—  
   274.    A person shall not, without reasonable excuse, obstruct or hinder an inspector in the exercise of his or her powers under this Part.  
   280.    For the purposes of the application of section 28 of the Administrative Appeals Tribunal Act 1989 in relation to an application referred to in section 278 or 279 of this Act, section 28 of the first-mentioned Act is modified by inserting after subsection 28 (2) the following subsection:  
   281.    The validity of an approval is not to be taken to be affected by a failure by the applicant to comply with subsection 229 (5).  
   282.    The regulations may make provision in relation to—  

   PART VII--MISCELLANEOUS PERSONS AUTHORISED TO EXERCISE POWERS OF THE EXECUTIVE

   284.    Where a person appeals, or purports to appeal, under this Act—  
   285.    Except where otherwise expressly provided, a body corporate is convicted of an offence against this Act or the regulations, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for that offence.  
   287.    The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.  
   288.    The Executive may make regulations, not inconsistent with this Act, prescribing—