Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Schedule 5 Modification of Act
(see s 410)
[5.1] New section 429A
insert
429A Modification of Act, ch 15—Act, s 429
Section 298A (5), definition of D and note apply as if they were omitted and the following substituted:
‘"D" means—
(a) the number of days for which the extension is sought; or
(b) if more than 1 extension for the lease is sought in the application—the highest of the number of days for which the extensions are sought.
Example—par (b)
if both a 6-month extension is being sought to commence building work and a 12-month extension to complete the building work, the number for D is 365
Note 1 The required fee may be waived under the Financial Management Act 1996 , s 131.
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).'
[5.2] Section 442 (1)
substitute
(1) This section applies if—
(a) before commencement day, a person applied for—
(i) an approval under the repealed Act, section 226 (Application to undertake development); or
(ii) an amendment of an approval under the repealed Act, section 247 (Minor amendments); and
(b) immediately before commencement day, the planning and land authority had not finally decided the application.
[5.3] New section 442 (4)
insert
(4) In this section:
"finally decided"—an application for approval under the repealed Act, section 226 is "finally decided" if—
(a) the period for making an application under the repealed Act, section 246 for reconsideration of the planning and land authority's decision on the application for approval has ended and no application for reconsideration has been made; or
(b) if an application under the repealed Act, section 246 for reconsideration of the planning and land authority's decision on the application for approval is made within the reconsideration period—
(i) the authority has made a decision on the application for reconsideration under the repealed Act, section 246A (1) (b); or
(ii) the authority is taken to have confirmed the original decision under the repealed Act, section 246B.
"reconsideration period" means the period within which an application must be made under the repealed Act, section 246 (3).
[5.4] Section 444
substitute
444 Transitional—approvals under repealed Act
(1) This section applies if—
(a) immediately before commencement day, a person had an approval under the repealed Act, part 6 (Approvals and orders); or
(b) the planning and land authority gives an approval under the repealed Act after the commencement day.
Note The repealed Act applies to applications for approvals not decided immediately before commencement day (see s 442 as modified by regulation).
(2) The approval—
(a) is taken to be a development approval under this Act; and
(b) unless extended under this Act, continues in force until the time when it would have ended under the repealed Act; and
(c) for the Act, section 198 (2) (Deciding applications to amend development applications) is taken to relate to a proposal in the merit track.
(3) If the application to which the approval relates was not required to be publicly notified under the repealed Act, an application under this Act for the amendment of the approval need not be notified under this Act.
Note If an application for reconsideration has not been finally decided by the planning and land authority, the repealed Act (including rights of AAT review under the repealed Act) continues to apply to the application (see s 442 as modified by regulation).
[5.5] Section 445 (2) (a)
substitute
(a) is taken to be a development approval under this Act; and
[5.6] Section 447
omit