Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 108, 1988
Compilation No. 19
Compilation date: 1 July 2018
Includes amendments up to: Act No. 32, 2018
Registered: 6 August 2018
About this compilation
This compilation
This is a compilation of the Australian Capital Territory (Planning and Land Management) Act 1988 that shows the text of the law as amended and in force on 1 July 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I--Preliminary
1 Short title
2 Commencement
3 Location of definitions
4 Definitions for whole Act
Part II--Establishment, functions and powers of authority
5 Establishment and name of Authority
6 Functions of the Authority
7 Ministerial directions
8 Powers of Authority
Part III--The National Capital Plan
Division 1--Object and effect of National Capital Plan
9 Object of Plan
10 Matters to be covered in Plan
11 Effect of Plan
12 Works in Designated Areas to be subject to Plan and approval by the Authority
13 Plan not to have retrospective effect
Division 2--Preparation of National Capital Plan
14 Draft Plan to be prepared
15 Public consultation
16 Certification of draft Plan
17 Effect of certification of draft Plan
18 Submission to Minister for approval
19 Minister's powers
20 Action on referral by Minister
20A Objections to re-submitted draft Plan
21 Publication and commencement of approved Plan
22 Parliamentary scrutiny of Plan
23 Amendments of Plan
24 Plan may be prepared in stages or parts
Part IV--The Territory Plan
25 Territory Plan
26 Territory Plan not to be inconsistent with National Capital Plan
Part V--Land management
27 National Land
28 Territory Land
29 Administration of Territory Land and the taking of water on National Land
30 Territory liable as manager
31 Money in respect of land
31A Minerals in Territory Land
32 Application of Lands Acquisition Act to Territory Land
Part VI--Constitution and meetings of authority
33 Constitution of Authority
34 Vacancies not to invalidate actions of Authority
35 Remuneration
36 Period of appointment of members
37 Acting appointments
38 Leave of absence
39 Outside employment
40 Resignation of members
41 Termination of appointments
42 Disclosure of interests
43 Meetings
44 Advisory committees
Part VII--Administration of authority
45 Chief Executive
46 Functions of Chief Executive
47 Staff of Authority
48 Consultants
49 Delegations
Part VIII--Miscellaneous
51 Commonwealth to indemnify Territory
52 Application of Acts Interpretation Act
53 Regulations
Part X--Transitional provisions
Division 1--Preliminary
56 Definitions for this Part
57 Declaration of end of transition period
Division 2--Before establishment of Executive and Territory planning authority
58 Interim authority may take preliminary steps to prepare Territory plan
59 Procedures before establishment of Executive
60 Procedures before establishment of Territory planning authority
61 Application of Canberra Water Supply (Googong Dam) Act before establishment of Executive
Division 3--Continuation of NCDC policies
62 NCDC policies to continue in effect
63 Administration of NCDC policies
64 Effect of NCDC policies during transition period
65 Variation or revocation of NCDC policies during transition period
66 NCDC policies after transition period
Division 4--Variation of NCDC policies by Authority
67 Variation of NCDC policies by Authority during transition period
68 Public consultation
69 Submission to Minister for approval
70 Minister's powers
71 Action on referral by Minister
72 Publication and commencement of approved variation
Division 5--Variation of NCDC policies by Territory planning authority
73 NCDC policies may be varied by Territory planning authority
74 Public consultation
75 Submission to Executive for approval
76 Executive's powers
77 Action on referral by Executive
78 Submission to Minister
79 Publication and commencement of approved variation
Division 6--Plan of lay-out of the City of Canberra
80 Modification of section 12A of Seat of Government (Administration) Act 1910
Division 7--Transfers following repeal of NCDC Act
81 Transfer of persons employed by NCDC
82 Contracts
83 Assets, rights and liabilities
84 Court proceedings
85 Transfer of appropriated money
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Australian Capital Territory (Planning and Land Management) Act 1988 | 108, 1988 | 6 Dec 1988 | s 1, 2 and 55: 6 Dec 1988 (s 2(1)) |
|
Arts, Environment, Tourism and Territories Legislation Amendment Act 1990 | 88, 1990 | 20 Nov 1990 | -- | |
Australian Capital Territory (Planning and Land Management) Amendment Act 1990 | 104, 1990 | 18 Dec 1990 | -- | |
Arts, Sport, Environment, Tourism and Territories Legislation Amendment Act (No. 2) 1991 | 179, 1991 | 25 Nov 1991 | 25 Nov 1991 | s. 3(2) |
Arts, Sport, Environment and Territories Legislation Amendment Act 1992 | 21, 1992 | 10 Apr 1992 | 8 May 1992 | -- |
Arts, Environment and Territories Legislation Amendment Act 1992 | 130, 1992 | 24 Oct 1992 | 24 Oct 1992 | -- |
Arts, Environment and Territories Legislation Amendment Act 1993 | 6, 1994 | 18 Jan 1994 | -- | |
Environment, Sport and Territories Legislation Amendment Act 1997 | 118, 1997 | 7 July 1997 | Schedule 1 (items 1-4): 7 July 1997 (s 2(1)) | -- |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Schedule 1 (items 141-143): 5 Dec 1999 (s 2(2) and Gazette 1999, No. S584) | -- |
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 | 159, 2001 | 1 Oct 2001 | 29 Oct 2001 | Sch. 1 (item 97) |
1, 2003 | 24 Feb 2003 | 25 Feb 2003 | -- | |
Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 | 140, 2003 | 17 Dec 2003 | s. 4 and Schedule 1 (item 10): 1 Jan 2005 (s 2(1) items 2, 3) | s. 4 |
59, 2007 | 15 Apr 2007 | Schedule 1: 13 May 2007 | -- | |
5, 2011 | 22 Mar 2011 | Schedule 5 (items 18, 19): 19 Apr 2011 | -- | |
46, 2011 | 27 June 2011 | Schedule 2 (items 120, 121) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch. 3 (items 10, 11) | |
136, 2012 | 22 Sept 2012 | Schedule 6 (items 9, 10): Royal Assent | -- | |
Australian Capital Territory Water Management Legislation Amendment Act 2013 | 147, 2013 | 17 Dec 2013 | Sch 1: 17 Dec 2014 (s 2(1) item 2) | -- |
62, 2014 | 30 June 2014 | Sch 6 (items 9, 10), Sch 7 (items 188-192) and Sch 14 : 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 36): 5 Mar 2016 (s 2(1) item 2) | -- |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 1 (item 10): 10 Mar 2016 (s 2(1) item 2) | -- |
Australian Capital Territory (Planning and Land Management) Amendment Act 2018 | 32, 2018 | 22 May 2018 | 1 July 2018 (s 2(1) item 1) | Sch 1 (items 5-7) |
Provision affected | How affected |
Part I |
|
s 4..................... | am No 118, 1997; No 59, 2007; No 147, 2013 |
Part II |
|
s 5..................... | rs No 118, 1997 |
| am No 62, 2014; No 32, 2018 |
s 6..................... | am No 130, 1992; No 147, 2013 |
s 7..................... | rs No 32, 2018 |
Part III |
|
Division 1 |
|
s 10.................... | am No 59, 2007 |
Division 2 |
|
s 20A................... | ad No 21, 1992 |
Part V |
|
s 29.................... | am No 147, 2013 |
s 30.................... | am No 147, 2013 |
s 31A................... | ad No 6, 1994 |
Part VI |
|
s 35.................... | am No 4, 2016 |
s 36.................... | am No 159, 2001 |
s 37.................... | am No 46, 2011 |
s 38.................... | rs No 179, 1991 |
| am No 146, 1999 |
s 41.................... | am No 179, 1991; No 62, 2014 |
s 42.................... | am No 62, 2014 |
s 43.................... | am No 1, 2003 |
Part VII |
|
s 46.................... | rs No 32, 2018 |
s 47.................... | am No 146, 1999 |
s 50.................... | rep No 62, 2014 |
Part VIII |
|
s 52.................... | am No 140, 2003; No 126, 2015 |
s 53.................... | am No 21, 1992 |
Part IX.................. | rep No 136, 2012 |
s 54.................... | rep No 136, 2012 |
s 55.................... | am No 88, 1990 |
| rep No 136, 2012 |
Part X |
|
Division 1 |
|
s 56.................... | am No 5, 2011; No 62, 2014 |
s 57.................... | am No 104, 1990 |
Division 5 |
|
s 74.................... | am No 118, 1997 |
Division 7 |
|
s 85.................... | am No 5, 2011 |
Schedule................. | rep No 136, 2012 |