Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 2) (NO 27 OF 2008) - REG 7

insert

[5.5A]     Sections 446 and 446A

substitute

446     Power to make lease and development conditions

    (1)     This section applies to land in relation to which—

        (a)     an earlier application has been made and earlier approval given, whether the earlier approval is given before or after the commencement day; or

        (b)     development approval has been given under section 442C.

Note     Under s 442C, if an estate development plan was considered before commencement of this Act, the repealed Act applies to the application for development approval.

    (2)     On and after the commencement day, the planning and land authority may make a lease and development condition in relation to the land, or part of the land.

    (3)     In this section:

"defined land" means land identified in the old territory plan for the repealed Act, subdivision 2.3.4.

"earlier application" means an application for development approval if the application—

        (a)     was made under the repealed Act before the commencement day; and

        (b)     relates to land that was defined land when the application was made; and

        (c)     is for approval to subdivide land, whether or not it is also for approval of something else.

"earlier approval" means development approval under the repealed Act of an earlier application.

"lease and development condition "means a lease and development condition that could have been made under the repealed Act, but for its repeal.

"old territory plan "means the Territory Plan under the repealed Act.

    (4)     This section is a provision to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) does not apply.

    (5)     This section expires 5 years after the commencement day.

446A     Transitional—application for development approval if lease and development condition

    (1)     This section applies to a development application if the application is—

        (a)     not in the code track; and

        (b)     for development on land to which—

              (i)     a lease and development condition made under section 446 applies; or

              (ii)     a lease and development condition made under the repealed Act applied immediately before the commencement day.

    (2)     The planning and land authority, or Minister, must consider the lease and development condition in making a decision under section 162 (Deciding development applications) in relation to the development application if—

        (a)     the territory plan provides that the condition may vary the plan; and

        (b)     the condition is relevant to assessing the application and granting the approval.

    (3)     This section expires 5 years after the commencement day.