Questions and answers

What does this amendment bill do?

Planning and Development Amendment Bill No 2 makes a number of changes to the Planning and Development Act.

Why are the changes being made?

The changes are being made in response to issues identified by ACTPLA, people who use the Act (including industry) and other government agencies.

This amendment bill follows the introduction of Planning and Development Amendment Bill No 1, tabled in the Assembly on 27 August 2009, which made permanent a number of changes that had already been made via regulation.

It makes a number of further (less urgent) amendments which have not been preceded by a regulation.

What’s in the amendment bill?

There are 45 separate amendments in the bill. A full list is contained in the bill.

The amendments will:

  • enable technical variations to the Territory Plan without the need to go through the lengthy standard variation process. Technical variations will be able to be made to clarify language and remove redundant provisions
  • make it clear that a lawful, existing use of land does not need to be reassessed when a development application is made for a new building on the land (except as context for assessment of the new building)
  • provide that a use approval is not required when a licence expires provided the licence is renewed before expiry or within a 6 month period following expiry
  • make it clear that a ‘call in’ does not remove the need for public consultation or agency referral unless the Minister elects to forego these steps
  • require all development approvals as well as applications for development approval and their status to be noted with the land title at the Land Titles Office. 
  • clarify a number of compliance provisions including procedures for seizing and retaining evidence for court cases
  • include a provision to permit ACT Revenue to provide ACTPLA with a full data set of information as to lessee names and contact details
  • extend the duration of the power to make temporary modifications to the Planning and Development Act by regulation to five years after  commencement (i.e. to March 2013) instead of the current two years
  • make it clear that land must be used for one or more of the specified uses listed in the lease. This will not apply to residences and other exceptions apply
  • make a number of other minor or clarifying amendments.

Have your say

The easiest way for you to submit your comments is by using our online survey.

You can also:

Send an email to planning.systemreform@act.gov.au

Write to:  

ACTPLA
Legislation team section
GPO Box 1908
Canberra ACT 2601

If you are not using the online survey please remember to state which part of the bill you are commenting on to ensure your comments are recorded appropriately.

The ACT Government is committed to improving the accessibility of web content. To provide feedback or request an accessible version of a document please contact us or phone 13 22 81.