50 recent changes in ACTEnvLawHbk Web retrieved at 08:59 (AEDT)
OpportunitiesForPublicInvolvement
in ACTEnvLawHbk
Opportunities for public involvement As well as participating in the development of a plan of management for an area of public land, the public have a number of ‘...
ACTIndigenousProtectedAreas
in ACTEnvLawHbk
ACT Indigenous protected areas All jurisdictions in Australia except the ACT have declared indigenous protected areas (‘IPAs’). These are areas of Indigenous owne...
LicencesAndLeasesOverPublicLand
in ACTEnvLawHbk
Licences and leases over public land Licences over public land Chapter 11 of the Nature Conservation Act establishes a number of nature conservation licences tha...
ActivitiesDeclarationsOnReserves
in ACTEnvLawHbk
Activities declarations on reserves Activities declaration The conservator has powers under the Nature Conservation Act to make an activities declaration to eith...
OffencesOnPublicLand
in ACTEnvLawHbk
Offences on public land Offences on public land in the ACT differ depending on whether the land is a reserve, contains a declared Ramsar site, or if the land is p...
ManagementObjectives
in ACTEnvLawHbk
Management objectives Section 315 of the Planning Act sets out the specific purposes for which public land may be used (see list above). Each of these purposes ha...
TypesOfPublicLand
in ACTEnvLawHbk
Types of public land Areas of public land are divided up into two overarching categories under the ACT legislative framework: areas that are reserves and areas th...
IdentificationOfPublicLand
in ACTEnvLawHbk
Identification of public land Public land is identified in the Territory Plan (‘TP’). As described in Chapter 2 of this Handbook, the Planning and Development Act...
IntroductionPublicLand
in ACTEnvLawHbk
Introduction More than 60% of the ACT has been declared as public land. This includes the ACT’s extensive reserve network which consists of various wilderness are...
OtherProtectionMechanisms
in ACTEnvLawHbk
Other protection mechanisms Tree protection directions The conservator has the power to issue directions in respect to a protected tree (s 76). A direction is gi...
TreeProtectionAct2005
in ACTEnvLawHbk
Tree Protection Act 2005 The Tree Protection Act introduces the concept of ‘protected trees’ and seeks to provide tree protection through the establishment of: ...
IntroductionProtectingOurTrees
in ACTEnvLawHbk
Introduction Trees are an important feature of the urban, rural and natural landscapes. For many people, trees are the embodiment of the environment and tree plan...
CommonwealthLegislation
in ACTEnvLawHbk
Commonwealth legislation The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (‘EPBC Act’) is the most significant Commonwealth legislation rel...
NatureConservationAct2014
in ACTEnvLawHbk
Nature Conservation Act 2014 Introduction The recently enacted Nature Conservation Act 2014 (‘Nature Conservation Act’) aims to ‘protect, conserve and enhance th...
IntroductionBiodiversityConservation
in ACTEnvLawHbk
Introduction Biodiversity exists everywhere — including in Canberra Nature Park, on rural properties and in urban Canberra. Legislation and legal agreements for b...
ConclusionEnvironmentImpactAssessment
in ACTEnvLawHbk
Conclusion Activities that impact on the environment in the ACT may require assessment under either the ACT legislation or the Commonwealth EPBC Act or both. Both...
AssessmentOfStrategicLevelPlanning
in ACTEnvLawHbk
Assessment of strategic level planning Strategic environmental assessment (SEA) A SEA is a comprehensive environmental assessment that may be prepared in the ear...
ACTLegislation
in ACTEnvLawHbk
ACT legislation Introduction Commencing operation in March 2008, the Planning Act replaced the Land (Planning and Environment) Act 1991 (ACT) (‘Land Act’). Plann...
IntroductionEnvironmentalImpactAssessment
in ACTEnvLawHbk
Introduction Environmental Impact Assessment (EIA) is a process for ensuring that decisionmakers are informed of the environmental impacts of activities. EIA also...
AssessableDevelopments
in ACTEnvLawHbk
Assessable developments Development applications ACTPLA’s website and shopfront provides a quick guide with information about development applications (DAs) as w...
ReviewOfDevelopmentApprovals
in ACTEnvLawHbk
Review of development approvals There are two types of review that may be available in relation to a decision on a DA — merits review and judicial review. Merits ...
AssessmentTracks
in ACTEnvLawHbk
Assessment tracks It is the responsibility of the applicant to identify the applicable assessment track. Code track A code track assessment applies to simpler de...
TheTerritorysPlanningResponsibility
in ACTEnvLawHbk
The Territory’s planning responsibility Introduction The Australian Capital Territory’s planning responsibility relates to Canberra as a city. It is established ...
DevelopmentApplicationsToTheNCA
in ACTEnvLawHbk
Development applications to the NCA Introduction The NCA is established under section 5 of the Planning and Land Management Act and is responsible for administer...
IntroductionDevelopmentApproval
in ACTEnvLawHbk
Introduction There are two development approval systems operating in the Australian Capital Territory (ACT), one managed by the National Capital Authority (NCA), ...
SimplifyingTheDualSystem
in ACTEnvLawHbk
Simplifying the dual system As outlined above, at the time of writing, the NCA was reviewing the NCP. An Exposure Draft of the revised NCP was available on the NC...
LeaseholdSystem
in ACTEnvLawHbk
Leasehold system The Commonwealth owns all land in Canberra. Unlike other cities in Australia, Canberra does not have freehold ownership of land; instead, there i...
IntroductionPlanningADualChallenge
in ACTEnvLawHbk
Introduction The introduction of self government for the ACT in 1988 created a situation where the Commonwealth government and the ACT government share responsibi...
EnvironmentAndPlanningLaws
in ACTEnvLawHbk
Environment and planning laws This section summarises the most important Commonwealth and ACT environment and planning laws that apply in the ACT. All of these Ac...
CourtsAndCaseLaw
in ACTEnvLawHbk
Courts and case law Introduction The Australian judicial system consists of a hierarchy of courts. In the ACT the Magistrates Court is at the first level of the ...
SourcesOfLaw
in ACTEnvLawHbk
Sources of law Commonwealth Constitution The ultimate source of law in Australia is the Commonwealth Constitution. It sets out the powers of the Commonwealth and...
AustralianLegalSystem
in ACTEnvLawHbk
Australian legal system Federalism The Australian legal system is based on a federal system of government, with governmental power shared between a central gover...
IntroductionACTLegalFramework
in ACTEnvLawHbk
Introduction This chapter summarises the general framework of the Australian legal system, the sources of Australian law and the processes associated with the cre...
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