australian-capital-territory-planning-and-land-management-act-1988.pdf, p.1
Includes amendments up to Act No. 32, 2018
1 July 2018
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.7
1 Short title
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.56
1 Oct 2001
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.58
1 July 2018 (s 2(1)
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.14
10 Matters to be covered in Plan
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.55
10 Apr
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.57
Legislation history for Australian Capital Territory (Planning and Land Management) Act 1988
10 Sept
The legislation history is represented as a set of abstract statements according to ASP
Represents the legislation history as a set of abstract statements using ASP
The legislation history can be represented as a set of abstract statements using ASP
The legislation history contains no significant cognitive biases or errors according to CogAI
Analyzes the legislation history for cognitive biases and errors using CogAI
The legislation history can be analyzed for cognitive biases and errors using CogAI
The information about the legislation history has been successfully diffused through the network
Spreads the information about the legislation history through a network of agents using Diffusion
The legislation history can be spread through a network of agents using Diffusion
The legislation history is represented formally using N3 triples
Provides a formal representation of the legislation history using N3 triples
The legislation history can be represented formally using N3 triples
The legislation history is valid according to SHACL
Validates the structure and semantics of the legislation history using SHACL
The legislation history can be validated using SHACL
Conditional commencement of Statute Law Revision Act 2016
Plan must specify areas of land with special characteristics.
10(1) Matters to be covered in Plan
Defines planning principles and policies for giving effect to the object of the Plan.
10(2) Matters to be covered in Plan
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.15
11 Effect of Plan
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001
11 Nov
Conditional commencement of Australian Capital Territory (Planning and Land Management) Amendment Act 2018
11 Feb
Enactments must be consistent with the Plan to the extent possible.
11(1) Effect of Plan
...an enactment shall be taken to be consistent with the Plan...
Enactments must be consistent with the Plan.
(1) An enactment that is inconsistent with the Plan has no effect...
11(2) Effect of Plan
shall not do any act that is inconsistent with the Plan.
12 Works in Designated Areas to be subject to Plan and approval by
(a) proposal to perform the works, plans and specifications
Proposal and approval required for works in designated areas
12(1) Works in Designated Areas to be subject to Plan and approval by
proposal must be submitted before plan approval
Proposal must be submitted during plan approval process
Approval implies compliance with plan requirements
Authority has approved the works in writing
plan enforcement is contingent upon proposal and approval
Plan enforcement relies on proposal and approval process
all relevant parties are notified of plan requirements
Plan approval diffuses to all relevant parties
Plan and approval required for works in designated areas
12(2) Works in Designated Areas to be subject to Plan and approval by
No retrospective effect on land use rights
13 Plan not to have retrospective effect
Amendment of Schedule 7 by Acts and Instruments (Framework Reform) Act 2015
13 Apr
The plan and existing land use rights overlap
Plan does not affect existing land use rights
Where, immediately before the Plan comes into effect, it would be lawful to use any land in a particular way in the exercise of a right derived from an estate in that land.
The plan does not prevent the cognition of land use rights
Plan does not prevent existing land use rights
It is lawful to use any land in a particular way immediately before the Plan comes into effect.
Plan does not prevent the use of that land in that way during the term of that estate.
The plan does not prevent the diffusion of land use rights
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.16
Prepare draft Plan in accordance with this Division.
14 Draft Plan to be prepared
15 Public consultation
Schedule 1: 13 May Remainder: Royal Assent
15 Apr
Written representations about the draft Plan
Submit draft Plan for public consultation
15(1) Public consultation
Obligation to submit draft Plan for public consultation
Consult with Territory planning authority and have regard to public representations.
15(2) Public consultation
16 Certification of draft Plan
Authority may certify draft Plan after public inspection and consultation.
16(1) Certification of draft Plan
Authority's obligation to certify draft Plan
Public inspection and consultation required
Minister must declare draft Plan certified after considering Authority's report.
16(2) Certification of draft Plan
Minister must consult with Executive before acting under subsection (2) if Territory planning authority objects to certification of draft Plan.
16(3) Certification of draft Plan
Minister's action overlaps with consultation with Executive.
Temporal overlap between Minister's action and consultation with Executive.
(3) If the Authority reports under subsection (1) that the Territory planning authority objects to the certification of the draft Plan, the Minister shall not act under subsection (2) except after consultation with the Executive.
Minister must consult with Executive before acting under subsection (2).
Prohibition on Minister's action without consultation.
Minister has permission to act under subsection (2) if consultation with Executive is completed.
Permission for Minister to act under subsection (2) if consultation with Executive is completed.
Certification period can be extended by written instrument.
16(4) Certification of draft Plan
Minister must lay instrument before each House of Parliament within 15 sitting days.
16(5) Certification of draft Plan
Minister has a duty to lay instrument before each House of Parliament.
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.17
Section 11 applies as if the Plan were in effect while the draft Plan is certified.
17 Effect of certification of draft Plan
Requires s. 4 and Schedule 1 (item 10) to be in force from 1 Jan 2005 (s 2(1) items 2, 3)
17 Dec
Consequential and Transitional Provisions Act 2014
Submission of draft Plan to Minister for approval
18 Submission to Minister for approval
18 Dec
Conditional commencement of Environment, Sport and Territories Legislation Amendment Act 1997
18 Jan 1994
Requires a relation between identifiable temporal intervals for conditional commencement
Authority's obligation to submit draft Plan
Minister must approve draft Plan after consultation.
19 Minister’s powers
2 Commencement
2(1) Commencement
2(2) Commencement
Commencement provision specifying a future date for commencement.
2(3) Commencement
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.18
Authority must reconsider and re-submit draft Plan upon referral by Minister.
20 Action on referral by Minister
20 Nov
Authority reconsiders and re-submits draft Plan.
Reconsideration occurs before re-submission.
Minister refers draft Plan to Authority.
Reconsideration is a process performed by Authority.
Reconsideration spreads to Minister upon re-submission.
20A Objections to re-submitted draft Plan
Authority must attach statement of reasons for not accommodating objection.
20A(1) Objections to re-submitted draft Plan
Statement of reasons for not accommodating objection.
Minister must give written direction to Authority after consultation with Executive.
20A(2) Objections to re-submitted draft Plan
Minister has a duty to give written direction.
Minister receives statement from Authority.
Publish direction in Gazette within 7 days
20A(3) Objections to re-submitted draft Plan
Minister must provide copy of direction to each House of Parliament within 6 sitting days.
20A(4) Objections to re-submitted draft Plan
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.19
21 Publication and commencement of approved Plan
Minister must publish notice of approval in Commonwealth Gazette.
21(1) Publication and commencement of approved Plan
Plan takes effect on publication of notice of approval
21(2) Publication and commencement of approved Plan
22 Parliamentary scrutiny of Plan
22 Mar
22 Sept
22 May
Plan must be laid before each House of Parliament within 6 sitting days.
22(1) Parliamentary scrutiny of Plan
Plan must be laid before each House of Parliament.
Plan disallowed by Parliament ceases to have effect
22(2) Parliamentary scrutiny of Plan
(2) If either House of the Parliament...
Parliament must scrutinize the Plan within a certain timeframe.
22(3) Parliamentary scrutiny of Plan
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.20
Amendments of the Plan shall be prepared in the same way as the Plan.
23 Amendments of Plan
24 Plan may be prepared in stages or parts
24 Oct
24 Oct 1992
24 Feb
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.21
25 Territory Plan
25 Nov
Duty to report on arts, sport, environment and territories legislation
25 Nov 1991
Imposes a duty on the government to report on arts, sport, environment and territories legislation
Transitional Provisions and Consequential Amendments Act 2003
25 Feb 2003
Establishing a Territory planning authority and conferring functions on it.
25(1) Territory Plan
Ensure an attractive, safe and efficient environment for the people of the Territory.
25(2) Territory Plan
Ensure an attractive, safe and efficient environment.
Planning principles and policies must be defined.
25(3) Territory Plan
Must provide planning principles and policies.
Public notification of directions given to Territory planning authority
25(4) Territory Plan
...public notification of any directions given to the Territory planning authority by the Executive;
Procedure for public notification defined
(4) The laws shall include provision for...
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.22
The Territory Plan must be consistent with the National Capital Plan to the extent it can operate concurrently.
26 Territory Plan not to be inconsistent with National Capital Plan
If the Territory Plan can operate concurrently, then it overlaps with the National Capital Plan.
Concurrent operation requirement for the Territory Plan
The Territory Plan shall be taken to be consistent with the National Capital Plan to the extent it is capable of operating concurrently.
The Territory Plan must be consistent with the National Capital Plan.
The Territory Plan has no effect to the extent it is inconsistent with the National Capital Plan.
It is permissible for the Territory Plan not to be consistent with the National Capital Plan.
Optional consistency requirement for the Territory Plan
If the Territory Plan can operate concurrently, then it must be consistent with the National Capital Plan.
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.23
27 National Land
Conditional commencement of Schedule 3 (items 10, 11)
27 June
The Minister may declare areas of land in the Territory to be National Land.
27(1) National Land
Minister cannot declare area to be National Land without Commonwealth use
27(2) National Land
27(3) National Land
No application of subsection (3) to the vesting of an estate in land.
27(4) National Land
(4) Subsection (3) does not apply to the vesting of an estate in land.
Exclude subsection (3) from applying to the vesting of an estate in land.
Land in the Territory is considered Territory Land if not National Land.
28 Territory Land
The Executive has responsibility for managing Territory Land and regulating water taking.
29 Administration of Territory Land and the taking of water on
29 Oct 2001
3 Location of definitions
Defines expressions used throughout the Act
3(1) Location of definitions
3(2) Location of definitions
Defines location of definitions for certain sections.
3(3) Location of definitions
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.24
30 Territory liable as manager
30 June
30(1) Territory liable as manager
The liability is vested in the Territory.
Vested liability implies Commonwealth's non-liability
Liability vested in Territory for certain land-related matters
30(2) Territory liable as manager
...the liability arises from a covenant given by the Commonwealth at any time in its capacity as owner of the land;
...the liability is vested in the Territory and ceases to be a liability of the Commonwealth.
(b) the liability arises from a covenant given by the Commonwealth at any time in its capacity as owner of the land;
Liability ceases to be Commonwealth's liability
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.25
31 Money in respect of land
31 Jan 1989 (s 2 and
Money payable to Territory instead of Commonwealth for land liabilities.
31(1) Money in respect of land
Commonwealth pays reasonable compensation to Territory for National Land
31(2) Money in respect of land
Duty on Commonwealth to pay compensation
Subsection (2) applies only to Territory Land that becomes National Land at any time after the first declaration of National Land.
31(3) Money in respect of land
31A Minerals in Territory Land
mineral's state is during its occurrence
mineral occurs in a solid, liquid or gaseous state
mineral means a naturally occurring substance or mixture of substances
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.26
32 Application of Lands Acquisition Act to Territory Land
32(1) Application of Lands Acquisition Act to Territory Land
...the acquisition (compulsory or not) of an estate in Territory Land by the Territory, whether acting on behalf of the Commonwealth or not.
(1) The Lands Acquisition Act does not apply in relation to...
The interest of the Commonwealth in land where no person other than the Commonwealth holds an estate is included in the state.
32(2) Application of Lands Acquisition Act to Territory Land
The interest of the Commonwealth is included in the state.
The interest of the Commonwealth is a subclass of the state.
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.27
33 Constitution of Authority
Establishes the Authority with a Chairperson and 4 members.
33(1) Constitution of Authority
Chairperson may be appointed on a full-time or part-time basis.
33(2) Constitution of Authority
Chairperson must be both Chief Executive and have 4 non-executive members.
33(3) Constitution of Authority
The Chairperson's appointment is between full-time and part-time.
Chairperson's appointment is between full-time and part-time.
(3) If the Chairperson is appointed on a full-time basis, the Chairperson shall also be the Chief Executive and there shall be 4 non-executive members.
The Chairperson's appointment implies having both Chief Executive role and 4 non-executive members.
Chairperson's appointment implies having both Chief Executive role and 4 non-executive members.
The Chairperson must be both Chief Executive and have 4 non-executive members.
Must be both Chief Executive and have 4 non-executive members.
The Chairperson must have both Chief Executive role and 4 non-executive members.
Chairperson must have both Chief Executive role and 4 non-executive members.
Separate Chief Executive and non-executive members required if Chairperson is part-time.
33(4) Constitution of Authority
Chief Executive must be appointed on a full-time basis.
33(5) Constitution of Authority
shall be appointed on a full-time basis.
(5) The Chief Executive (if any) appointed under subsection (4)
Appointment of non-executive members on a part-time basis is obligatory.
33(6) Constitution of Authority
The temporal interval of appointment contains the part-time basis.
(6) The non-executive members shall be appointed on a part-time basis.
If the non-executive members are appointed, then they MUST be appointed on a part-time basis.
The validation confirms that the appointment basis is valid.
The non-executive members MUST be appointed on a part-time basis.
The obligation applies to the appointment of non-executive members.
Application of obligation to appointment
Members must be appointed by Governor-General on terms and conditions determined by Governor-General.
33(7) Constitution of Authority
The appointment duration is between the terms and conditions determined by the Governor-General.
Temporal interval of appointment duration
(on such terms and conditions...) as are determined by the Governor-General.
The appointment implies trust in the Governor-General.
Appointment implies trust in Governor-General
(in respect of matters not provided for by this Act) as are determined by the Governor-General.
(7) The members shall be appointed by the Governor-General...
The appointment authority is the Governor-General.
Actions of Authority are not invalidated by vacancies in membership.
34 Vacancies not to invalidate actions of Authority
Authority's actions are not invalidated by vacancies.
Member must be paid remuneration determined by Remuneration Tribunal.
35 Remuneration
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.28
36 Period of appointment of members
Member holds office for a specified period not exceeding 5 years.
36(1) Period of appointment of members
Eligibility for reappointment of members
36(2) Period of appointment of members
Eligibility occurs during the appointment period.
(2) A person appointed as a member is eligible for re-appointment.
If the member is appointed, then they are eligible for reappointment.
The AI system recognizes the member's eligibility.
The member is obligated to be eligible for reappointment.
Eligibility information spreads to all relevant parties.
37 Acting appointments
Minister may appoint person to act as full-time member under certain circumstances.
37(1) Acting appointments
Appoint member as acting Chairperson during vacancy or absence
37(2) Acting appointments
The Minister may appoint a person to act as a non-executive member.
37(3) Acting appointments
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.29
38 Leave of absence
Entitlements for recreation leave determined by the Remuneration Tribunal.
38(1) Leave of absence
A full-time member has a recreation leave entitlement.
(1) A full-time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.
A full-time member has a right to recreation leave entitlements.
A full-time member is entitled to recreation leave entitlements.
A full-time member has a duty to receive recreation leave entitlements.
A full-time member is permitted to receive recreation leave entitlements.
Grant leave of absence on terms and conditions determined by the Minister.
38(2) Leave of absence
39 Outside employment
Member must obtain approval for outside employment.
39(1) Outside employment
Prohibits outside employment without approval.
Minister may direct part-time member to cease outside employment conflicting with duties.
39(2) Outside employment
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.8
4 Definitions for whole Act
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.30
A member may resign by written instrument delivered to the Governor-General.
40 Resignation of members
41 Termination of appointments
The Governor-General may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
41(1) Termination of appointments
Termination of appointments under certain conditions.
41(2) Termination of appointments
Prohibition of termination under certain conditions.
42 Disclosure of interests
Member must disclose pecuniary interest at Authority meeting.
42(1) Disclosure of interests
Disclosure must occur at some point after knowledge.
Member cannot be present during deliberation or take part in decision.
42(2) Disclosure of interests
...or take part in any decision of the Authority with respect to that matter.
Temporal relation between presence and deliberation.
(2) A disclosure shall be recorded in the minutes of the meeting...
Inference from prohibition to conditions.
Artificial intelligence recognizes prohibition.
Prohibition of presence and participation.
Spread of prohibition to related actions.
Member with direct or indirect pecuniary interest cannot participate in deliberation.
42(3) Disclosure of interests
Prohibition of presence during deliberation
42(4) Disclosure of interests
Chairperson has a duty to disclose interests
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.31
43 Meetings
The Authority must hold meetings as necessary for efficient performance of its functions.
43(1) Meetings
Chairperson may convene a meeting at any time.
43(2) Meetings
Minister may convene a meeting at any time.
43(3) Meetings
Chairperson must preside at meetings when present.
43(4) Meetings
Members must appoint a presider when the Chairperson is absent.
43(5) Meetings
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.32
Authority may appoint committees for advice or assistance.
44 Advisory committees
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.33
There shall be a Chief Executive of the Authority.
45 Chief Executive
46 Functions of Chief Executive
The Chief Executive has a responsibility to manage the affairs of the Authority.
46(1) Functions of Chief Executive
The Chief Executive has an obligation to manage...
(1) The Chief Executive has the responsibility...
Authority may give written directions to the Chief Executive about management of Authority's affairs.
46(2) Functions of Chief Executive
Must comply with direction under subsection (2)
46(3) Functions of Chief Executive
(3) The Chief Executive must comply with a direction under subsection (2).
Exempts Chief Executive from subsection (3) to the extent of its functions or powers under Public Service Act 1999.
46(4) Functions of Chief Executive
The direction is related to the temporal scope of subsection (3).
Temporal relation between subsection (3) and direction
Subsection (3) does not apply to the extent that the direction relates to the Chief Executive's performance of functions or exercise of powers under the Public Service Act 1999.
The classification is artificial, indicating a machine-based analysis.
Artificial intelligence classification of exemption
The exemption applies to the extent of its functions or powers under the Act.
The diffusion applies to the Chief Executive's functions or powers under the Act.
Diffuse application of exemption to Chief Executive's functions or powers under Public Service Act 1999
The trace is recurring, indicating a continuous relationship between the Chief Executive and the Act.
Recurring trace between Chief Executive and Public Service Act 1999
A direction under subsection (2) is not a legislative instrument.
46(5) Functions of Chief Executive
47 Staff of Authority
Staff must be persons engaged under the Public Service Act 1999.
47(1) Staff of Authority
Chief Executive and APS employees constitute a Statutory Agency.
47(2) Staff of Authority
the Chief Executive and APS employees constitute a Statutory Agency during the period specified in this section.
(2) For the purposes of the Public Service Act 1999:
the Chief Executive and APS employees constitute a Statutory Agency.
the Chief Executive is the Head of that Statutory Agency.
Authority may arrange with a person on behalf of the Authority.
47(3) Staff of Authority
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.34
Authority may engage consultants as necessary.
48 Consultants
Authority has the power to engage consultants.
Authority may delegate powers under this Act.
49 Delegations
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.11
5 Establishment and name of Authority
Continuation of National Capital Planning Authority with new name
5(1) Establishment and name of Authority
List of persons who are officials of the Authority
5(2) Establishment and name of Authority
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.35
51 Commonwealth to indemnify Territory
Commonwealth's obligation to indemnify Territory against Commonwealth actions
51(1) Commonwealth to indemnify Territory
Commonwealth to indemnify Territory for damages and expenses.
51(2) Commonwealth to indemnify Territory
Indemnity applies during the action, claim, or demand.
The Commonwealth must indemnify the Territory.
Indemnification exception for liability under section 30
51(3) Commonwealth to indemnify Territory
Section 51(3) and section 30 are contradictory
Section 51(3) is inferable from section 51
Section 51(3) can be inferred from section 51
Section 51(3) excludes liability under section 30
52 Application of Acts Interpretation Act
53 Regulations
The Governor-General may make regulations.
53(1) Regulations
Regulations may provide for specific details.
53(2) Regulations
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.37
56 Definitions for this Part
Governor-General shall take action when National Capital Plan covers Territory
57 Declaration of end of transition period
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.39
Interim authority may take preliminary steps to prepare Territory plan.
58 Interim authority may take preliminary steps to prepare
59 Procedures before establishment of Executive
References to Executive are read as references to Minister until establishment.
59(1) Procedures before establishment of Executive
(a) references in this Part to the Executive shall be read as references to the Minister;
Exempts draft variations from section 78 under certain conditions.
59(2) Procedures before establishment of Executive
Steps taken by Minister before Self-Government Day have effect on and after that Day as if they had been taken by the Executive.
59(3) Procedures before establishment of Executive
Compilation information and notes on amendments.
6 August 2018
Prepare and administer National Capital Plan
6 Functions of the Authority
Obligation to prepare and administer plan
Conditional commencement of certain sections and schedules
6 Dec 1988
Defines temporal intervals for commencement
Remainder: 31 Jan 1989 (s 2(3) and Gazette 1989, No. S39)
Sch (in part): 12 Mar 1991 (s 2(2) and Gazette 1991, No. S62)
60 Procedures before establishment of Territory planning authority
References to Territory planning authority until its establishment
60(1) Procedures before establishment of Territory planning authority
Steps taken by interim authority have effect after establishment of Territory planning authority
60(2) Procedures before establishment of Territory planning authority
The steps taken by the interim authority occur during the period after the establishment of the Territory planning authority.
(2) Any steps taken under this Part by the interim authority before the establishment of the Territory planning authority have effect after
The steps taken by the interim authority have effect after the establishment of the Territory planning authority.
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.40
61 Application of Canberra Water Supply (Googong Dam) Act
References in Canberra Water Supply (Googong Dam) Act 1974 to be read as references to the Minister and Commonwealth or a Commonwealth authority.
61(1) Application of Canberra Water Supply (Googong Dam) Act
Temporal interval overlaps with establishment of Executive.
(1) Until the establishment of the Executive...
61(2) Application of Canberra Water Supply (Googong Dam) Act
The new Act overlaps with the previous steps taken by the Minister before Self-Government Day.
(2) Any steps taken under that Act by the Minister before Self-Government Day have effect on and after that Day as if they had been taken by the Executive.
The new Act repeats the previous steps taken by the Minister before Self-Government Day.
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.41
62 NCDC policies to continue in effect
63 Administration of NCDC policies
The Authority shall administer each NCDC policy to the extent it relates to designated areas and other functions of the Authority.
63(1) Administration of NCDC policies
Administer NCDC policies to the extent it does not relate to matters referred in subsection (1).
63(2) Administration of NCDC policies
No act inconsistent with NCDC policy during transition period
64 Effect of NCDC policies during transition period
Temporal relationship between actions and NCDC policy during transition period
Prohibition of actions inconsistent with NCDC policy
NCDC policy revocation or variation during transition period
65 Variation or revocation of NCDC policies during transition
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.42
66 NCDC policies after transition period
Policy becomes part of National Capital Plan if certain conditions met
66(1) NCDC policies after transition period
6 sitting days after the end of the transition period
the policy, or that part of the policy, becomes part of the National Capital Plan
the policy, or that part of the policy, is such that it could be part of the National Capital Plan
NCDC policy variation after transition period
66(2) NCDC policies after transition period
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.43
67 Variation of NCDC policies by Authority during transition
Authority may vary NCDC policy during transition period.
67(1) Variation of NCDC policies by Authority during transition
Authority has the power to vary NCDC policy.
Variation of NCDC policies by Authority during transition must be made in accordance with this Division.
67(2) Variation of NCDC policies by Authority during transition
68 Public consultation
Written representations about the draft variation
Submit draft variation for public consultation
68(1) Public consultation
Authority must submit draft variation for public consultation
68(2) Public consultation
Authority must consult with Territory planning authority.
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.44
Submission of draft variation for Minister's approval
69 Submission to Minister for approval
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.12
7 Ministerial directions
7 July 1997
7 July 1997 (s 2(1))
Minister may give general directions in writing to the Authority about the performance of its functions.
7(1) Ministerial directions
Authority must comply with a direction under subsection (1)
7(2) Ministerial directions
Exempts Authority's performance from subsection (2)
7(3) Ministerial directions
Include particulars of ministerial directions in annual report.
7(4) Ministerial directions
70 Minister’s powers
Minister must approve or refer draft variation after consultation.
70(1) Minister’s powers
The Minister must approve or refer the draft variation.
Minister has a duty to approve or refer draft variation.
The Minister receives the draft variation.
Consultation with Executive required before acting under subsection (1)
70(2) Minister’s powers
Authority's actions on referral by Minister
71 Action on referral by Minister
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.45
72 Publication and commencement of approved variation
Publish notice of approval in Commonwealth Gazette.
72(1) Publication and commencement of approved variation
Commencement of approved variation upon publication of notice.
72(2) Publication and commencement of approved variation
The variation takes effect during the time period from publication to the next publication of a new notice.
Temporal relationship between publication and commencement
(2) The variation takes effect on publication of the notice of approval.
The system recognizes that the variation takes effect upon publication of the notice of approval.
The variation takes effect on publication of the notice of approval.
The publication of the notice of approval diffuses the variation into effect.
Publication as a trigger for commencement
The variation is true during the time period from publication to the next publication of a new notice.
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.46
73 NCDC policies may be varied by Territory planning authority
Authority to vary NCDC policy during transition period
73(1) NCDC policies may be varied by Territory planning authority
Variation of NCDC policies by Territory planning authority
73(2) NCDC policies may be varied by Territory planning authority
Variation of NCDC policies by Territory planning authority is subject to certain conditions.
73(3) NCDC policies may be varied by Territory planning authority
...to the extent that it is inconsistent with a variation made by the Authority under Division 4.
Variation of NCDC policies by Territory planning authority overlaps with variations made by the Authority under Division 4
Variation of NCDC policies by Territory planning authority incorporates the conditions set by the Authority under Division 4
Obligation on the State to vary NCDC policies by Territory planning authority
Variation of NCDC policies by Territory planning authority diffuses the conditions set by the Authority under Division 4
Variation of NCDC policies by Territory planning authority repeats the conditions set by the Authority under Division 4
74 Public consultation
Submit draft variation to National Capital Authority and make it available for public inspection.
74(1) Public consultation
Consult with National Capital Authority and have regard to public representations.
74(2) Public consultation
Permission to consult with National Capital Authority.
written report on consultations under section 74
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.47
Must submit draft variation for approval
75 Submission to Executive for approval
The Executive must approve or refer a draft variation after consultation.
76 Executive’s powers
The Executive must approve or refer the draft variation.
Authority must reconsider and re-submit draft variation for approval.
77 Action on referral by Executive
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.48
78 Submission to Minister
Executive must submit draft variation to Minister if approved.
78(1) Submission to Minister
Minister must provide a certificate within 14 days after receipt of the draft variation.
78(2) Submission to Minister
Prevents Executive from proceeding under section 79 if Minister gives certificate within 14 days.
78(3) Submission to Minister
Executive's action is within the 14-day period
Defines a temporal interval for Executive's action
Executive's action is implied by the certificate
Establishes a causal relationship between Minister's certificate and Executive's action
Minister gives certificate implies Executive cannot proceed
Executive's action is inferred from the certificate
Draws a conclusion based on the Minister's certificate
Section 78(3) provides the basis for inference
Executive cannot proceed under section 79
Minister gives certificate within 14 days
Other agents are informed of the certificate
Spreads information about Minister's certificate to other agents
Section 78(3) propagates the information
Minister must provide certificate within 14 days.
78(4) Submission to Minister
79 Publication and commencement of approved variation
Executive must publish notice of approved variation in Territory Gazette.
79(1) Publication and commencement of approved variation
Conditional commencement of approved variation
79(2) Publication and commencement of approved variation
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.13
Authority has power to perform functions
8 Powers of Authority
8 May 1992
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.49
The Minister must consult with the Australian Capital Territory Executive before acting under subsection (1) of section 12A.
80 Modification of section 12A of Seat of Government
Subsection (4) IS_BETWEEN 'The Minister' AND 'A prescribed body'.
Subsection (4) was amended to omit 'The Minister' and substitute 'A prescribed body'.
Subsection (4) were amended by omitting 'The Minister' and substituting 'A prescribed body';
The Minister MUST consult with the Australian Capital Territory Executive.
The Minister must consult with the Australian Capital Territory Executive.
The Minister shall not act under subsection (1) except after consultation with the Australian Capital Territory Executive.
A prescribed body PERMIT includes the Commonwealth, a Commonwealth authority, and a Territory authority.
A prescribed body includes the Commonwealth, a Commonwealth authority, and a Territory authority.
prescribed body means: (a) the Commonwealth; (b) a Commonwealth authority as defined by the Australian Capital Territory Planning and Land Management Act 1988;
The statement IS_A views expressed by the Australian Capital Territory Executive.
The statement laid before each House of Parliament under subsection (2) includes views expressed by the Australian Capital Territory Executive.
The statement laid before each House of the Parliament under subsection (2) shall include any views expressed by the Australian Capital Territory Executive in consultations held under subsection (1A).
Subsection (4) IS_A omitted 'The Minister' AND substituted 'A prescribed body'.
The amendment to subsection (4) is an instance of omitting 'The Minister' and substituting 'A prescribed body'.
The amendment to subsection (4) is recursive.
The following subsection were added at the end: '(5) In subsection (4): ...'
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.50
A person employed by NCDC before repeal is taken to have ceased being appointed under the Public Service Act.
81 Transfer of persons employed by NCDC
Substitution of Commonwealth for NCDC as a party to an existing contract.
82 Contracts
83 Assets, rights and liabilities
Assets, rights and liabilities of the NCDC vest in a body or bodies specified by the Minister.
83(1) Assets, rights and liabilities
Minister's consideration of post-repeal NCDC functions
83(2) Assets, rights and liabilities
Definition of body includes the Commonwealth.
83(3) Assets, rights and liabilities
australian-capital-territory-planning-and-land-management-act-1988.pdf, p.51
Proceedings may be continued by or against the Commonwealth, etc.
84 Court proceedings
85 Transfer of appropriated money
Appropriation of money for NCDC purposes is taken to also apply to Administrative Services.
85(1) Transfer of appropriated money
Finance Minister determines apportionment of money
85(2) Transfer of appropriated money
Exemptions from transfer of appropriated money
85(3) Transfer of appropriated money
85(4) Transfer of appropriated money
Appropriation Act means an Act appropriating money for expenditure in respect of the financial year ending on 30 June 1989, and includes an Act appropriating money, by way of interim provision, for such expenditure.
Abbreviation key is a subclass of Endnote
The abbreviation key sets out abbreviations that may be used in the endnotes.
Ensure Canberra and Territory are planned and developed in accordance with their national significance.
9 Object of Plan
The object of the Plan is to ensure that Canberra and the Territory are planned and developed in accordance with their national significance.
Australian Capital Territory (Planning and Land Management) Act 1988