Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) (NO 118 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Land (Planning and Environment) (Consequential Provisions) Act 1991.  
   2.      (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.  
   3.      (1) In this Act, unless the contrary intention appears—“commencement day” means the day on which the provision in which the expression occurs commences; “repealed Act” means an Act specified in Schedule 2.  

   PART II--AMENDMENTS

   4.      In this Division, “Principal Act” means the Administrative Appeals Tribunal Act 1989.  
   5.      Section 24 of the Principal Act is amended by inserting in subsection (6) “28,” after “27,”.  
   6.      Section 25 of the Principal Act is amended by inserting in subsection (4) the following definition:“ ‘person' includes an unincorporated association;”.  
   7.      Section 28 of the Principal Act is amended by adding at the end the following subsection:  
   8.      Section 39 of the Principal Act is amended by omitting “his or her case” and substituting “a case”.  
   9.      In this Division, “Principal Act” means the Building Act 1972.  
   10.     Section 31 of the Principal Act is amended by omitting subsections (1A), (1B), (2) and (3) and substituting the following subsection:  
   11.     Section 31A of the Principal Act is repealed.  
   12.     In this Division, “Principal Act” means the Buildings (Design and Siting) Act 1964.  
   13.     Section 3 of the Principal Act is amended—  
   14.     Sections 4, 5 and 6 of the Principal Act are repealed and the following sections substituted:  
   15.     Sections 8, 9, 10 and 11 are repealed and the following section is substituted:  
   16.     Section 14 of the Principal Act is amended by adding at the end the following subsection:  
   17.     Section 6 of the Cemeteries Act 1933 is amended by inserting after subsection (4) the following subsection:  
   18.     In this Division, “Principal Act” means the Dividing Fences Act 1981.  
   19.     The title of the Principal Act is amended by adding at the end “and party walls”.  
   20.     Section 1 of the Principal Act is repealed and the following section substituted:  
   21.     After section 22 of the Principal Act, the following Division and Part are inserted:  

   PART III--PARTY WALLS INTERPRETATION

   22.     Section 72A of the Real Property Act 1925 is repealed and the following sections are substituted:  
   23.     The Acts specified in Schedule 1 are amended as set out in that Schedule.  

   PART III--REPEALS ACTS REPEALED

   24.     The Acts specified in Schedule 2 are repealed.  

   PART IV--SAVINGS AND TRANSITIONALS

   25.     (1) Subject to subsection (2) and Division 3, a lease or licence granted or continued, or purported to have been granted or continued, under a repealed Act and in force immediately before the commencement day, on and after that day, is to be taken to have been granted under the Land Act.  
   26.     Notwithstanding section 24, a repealed Act shall continue to apply in relation to—  
   27.     (1) A determination in respect of a fee payable under a continuing provision, being a determination in force immediately before the commencement day, continues in force on and after that day for the purposes of that provision.  
   28.     In this Division—“amended Act” means the Buildings (Design and Siting) Act 1964 as amended by this Act; “public works” has the same meaning as in the Land Act; “special dwelling” has the same meaning as in the Plan; “Tribunal” means the Administrative Appeals Tribunal.  
   29.     (1) During the period of 12 months after the commencement day, the Authority may make an order under Division 3 of the applied Part directing a person to stop, or not to commence, work in relation to the external design or siting of a building within the meaning of the amended Act if the building is built, or is intended to be built, on a place—  
   30.     Until the day on which regulations under the amended Act specifying circumstances referred to in paragraph 14 (2) (c) of that Act commence—  
   31.     The amended Act does not apply in relation to—  
   34.     Notwithstanding the repeal of the Australian National University (Leases) Act 1967, that Act continues to apply in relation to a lease granted under, or continued in force, by that Act and in force immediately before the commencement day.  
   35.     (1) Notwithstanding the repeal of the Canberra College of Advanced Education (Leases) Act 1977 and subject to subsection (2), that Act continues to apply in relation to a lease granted under that Act and in force immediately before the commencement day.  
   37.     Notwithstanding the repeal of the Church Lands Leases Act 1924, sections 5, 6, 8 and 10 of that Act continue to apply in relation to a lease granted under that Act and in force immediately before the commencement day.  
   38.     (1) In a continuing lease, a reference to improvements shall be read as a reference to improvements other than improvements by way of clearing, draining, grading, filling, excavating or levelling made by the Territory or the Commonwealth or the cost of which the Territory or the Commonwealth has paid.  
   39.     (1) An environmental impact assessment or similar report authorised by the Minister and prepared before the commencement day, on and after that day is to be taken to be—  
   40.     (1) An act or thing done by, on behalf of or in relation to, or taken to have been done by, on behalf of or in relation to, the old Authority is, on and after the commencement day, to be taken to have been done by, on behalf of or in relation to the new Authority.  
   42.     (1) A declaration under section 51 or 52 of the former Act in force immediately before the commencement day continues in force on and after that day until the day on which a provision of the Plan that reserves wilderness areas, national parks and nature reserves commences.  
   43.     A declaration under section 4 of the Public Parks Act 1928 in force immediately before the commencement day continues in force on and after that day until the day on which a provision of the Plan that reserves urban open spaces commences.  
   44.     (1) Section 72A of the former Act continues to apply in relation to a certificate of variation issued under that section before the commencement day and lodged for registration in accordance with that section within 3 months after that day.  
           SCHEDULE 1
           SCHEDULE 2