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