Planning Act 2023

This Act is the Planning Act 2023.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘district—see the Districts Act 2002, dictionary.’ means that the term ‘district’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

This Act applies only to territory land.

Note Under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), an area of land in the ACT is territory land unless it is declared to be national land. An area may be declared to be national land if it is, or is intended to be, used by or on behalf of the Commonwealth.

Chapter 2 Object, principles and important concepts

Part 2.1 Object and key elements

The object of this Act is to support and enhance the Territory’s liveability and prosperity, protect its natural environment, and promote the well‑being of residents by creating an effective, efficient, accessible and enabling planning system that—

is outcomes‑focussed; and

promotes and facilitates the achievement of ecologically sustainable development; and

provides a scheme for public participation.

As part of achieving the object mentioned in subsection (1), the planning system is intended to—

be based on policies, processes and practices that are easy to understand; and

promote certainty of processes and consistent and transparent application of policies while at the same time providing scope for innovation in development proposals; and

provide a clearly defined hierarchy of planning strategies that inform the content of the territory plan; and

engage with other laws to support the efficient, appropriate and effective delivery of other related government policy objectives; and

promote high standards for the built environment through an emphasis on design quality and universal design for the benefit of people with differing needs and capabilities; and

provide for public participation in relation to the development of planning strategies and policies, and development assessment.

The following matters are integral to achieving the object of this Act:

the ACT’s biodiversity values and its landscape setting, including—

the protection and conservation of biodiversity, habitat, ecological processes and natural systems; and

the integration of natural, built, cultural and heritage elements;

high‑quality, people‑focussed and design‑led built outcomes that respond and contribute to the distinctive characteristics of the local area, and sense of place;

the knowledge, culture and tradition of, and cultural and spiritual connections held by, the traditional custodians of the land;

planning for population growth and development of the ACT while protecting those aspects that make the ACT an attractive place in which to live;

a sustainable and climate-resilient environment that is planned, designed and developed to adapt to climate change, reduce greenhouse gas emissions and achieve a net-zero greenhouse gas future using integrated mitigation and adaptation best practices and considers food and water security.

Note 1 The territory planning authority must exercise its functions, if relevant, in accordance with the object of this Act (see s 18 (3) (a)).

Note 2 The object of this Act must be considered in developing planning strategies, plans and policies (see s 10 (1)) and the planning strategy must be consistent with the object of this Act (see s 36 (1)).

The territory plan must give effect to the planning strategy (see s 47 (b)) and the Territory, the Executive, a Minister or a territory authority must not do any act, or approve the doing of an act, that is inconsistent with the territory plan (see s 52).

This Act provides a planning regime for the ACT consistent with the responsibilities of the Territory under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).

The key elements of this Act are as follows:

the planning strategy—setting out the long‑term strategic direction and desired future planning outcomes for the Territory;

district strategies—setting out the strategic direction and desired future planning outcomes for districts;

the territory plan—setting out the desired planning outcomes, land use zones and development assessment provisions;

the leasing system—setting out the tenure and use arrangements for land in the ACT;

the development assessment and approval system—setting out the processes for assessing and deciding development applications and promoting desired planning outcomes for the Territory by—

categorising development; and

providing the application and assessment requirements for different categories of development; and

providing a process for making, receiving, assessing and deciding development applications; and

establishing rights and responsibilities in relation to development approvals;

Ministerial powers—to identify priority development proposals for progressing through the development approval system;

the compliance and enforcement framework—which sets out a variety of offences and enforcement arrangements;

review processes—for internally and externally reviewing administrative decisions;

access to information provisions—which outline what information is available to the public and how it is accessible.

Subsection (2) is intended only as a guide to readers.

In this Act:

ecologically sustainable development means development involving the effective integration of the following principles:

the protection and enhancement of ecological processes and natural systems at local, territory and broader landscape levels;

the achievement of economic prosperity;

the maintenance and enhancement of cultural, physical and social wellbeing of people and communities;

the precautionary principle;

the inter‑generational equity principle.

In this section:

achievement of economic prosperity includes achieving a diverse, efficient, resilient and strong territory economy that allows communities to meet their needs without compromising the ability of future generations to meet their needs.

maintenance and enhancement of cultural, physical and social wellbeing of people and communities includes—

creating and maintaining well‑serviced, healthy, prosperous, liveable and resilient communities with affordable, efficient, safe and sustainable development; and

conserving or enhancing places of special aesthetic, architectural, cultural, heritage, historic, scientific, social or spiritual significance; and

providing for integrated networks of pleasant and safe public areas for aesthetic enjoyment and cultural, recreational or social interaction; and

accounting for the potential adverse impacts of development on climate change, and seeking to address the impacts through sustainable development and design.

protection and enhancement of ecological processes and natural systems includes—

conserving, enhancing or restoring the life‑supporting capacities of air, ecosystems, soil and water for present and future generations; and

conserving biological diversity and ecological integrity; and

appropriately valuing and pricing environmental resources.

the inter‑generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

Part 2.2 Planning principles

To achieve good planning outcomes, a person must consider the object of this Act and the following principles (the principles of good planning) in developing planning strategies, plans and policies:

activation and liveability principles;

cultural heritage conservation principles;

high‑quality design principles;

housing affordability principles;

integrated delivery principles;

investment facilitation principles;

long‑term focus principles;

natural environment conservation principles;

sustainability and resilience principles;

urban regeneration principles.

In this Act:

activation and liveability principles means the following:

planning and design should support diverse economic and social activities, including through promoting different but compatible uses for buildings and other areas;

urban areas should include a range of high‑quality housing options with an emphasis on living affordability;

urban areas should be designed to promote active travel and convenient and efficient use of public transport;

districts should be planned, designed and developed to support active and healthy lifestyles and to cater for a diverse range of cultural and social activities;

policies should support and enhance the quality of life and wellbeing of residents.

cultural heritage conservation principles means the following:

planning and design should promote the unique cultural heritage of the ACT by acknowledging established heritage significance in design and placemaking;

development should—

respect local heritage; and

avoid direct impacts on heritage or, if a direct impact is unavoidable, ensure that the impact is justifiable and proportionate.

high‑quality design principles means the following:

development should be focussed on people and designed to—

reflect local setting and context; and

have a distinctive identity that responds to the existing character of its locality; and

effectively integrate built form, infrastructure and public spaces; and

provide appropriate solar access;

public spaces should be designed to be used, appropriately landscaped and vegetated, and should be designed to contribute to the urban forest;

built form and public spaces should be designed to be inclusive and accessible to people with differing needs and capabilities, including through the serious consideration of universal design practices;

developments should be planned and designed to be well‑connected and integrated with surrounding development in ways that facilitate the safe, secure and effective movement of people within and through them.

housing affordability principles means the following:

planning strategies, plans and policies should support the delivery of reforms that improve housing access, affordability and choice;

planning strategies, plans and policies should support more housing options for people who have a low income;

planning strategies, plans and policies should ensure affordable housing is close to essential services, amenities and affordable transport options, including public and active transport.

integrated delivery principles means the following:

policies relating to planning, including those arising outside the planning system, should be coordinated to efficiently and effectively achieve planning outcomes;

planning, design and development should promote integrated transport connections and equitable access to services and amenities;

infrastructure, public spaces and facilities should be planned to meet future needs and designed to be integrated with related development;

built form should be durable, designed to be adaptive (including in relation to the reuse of buildings or parts of buildings) and compatible with surrounding public spaces.

investment facilitation principles means the following:

planning and design should be undertaken with a view to strengthening the economic prosperity of the Territory and contributing to diversification of the economy, economic security and growth;

planning outcomes should be achieved by facilitating coordinated approaches that promote public and private investment towards common goals.

long‑term focus principles means the following:

policy frameworks should be based around long‑term priorities, be ecologically sound, and seek to promote equity between present and future generations;

policy frameworks should be able to respond to emerging challenges and cumulative impacts identified by monitoring, benchmarking and evaluation programs.

natural environment conservation principles means the following:

planning and design should promote healthy and resilient ecosystems by—

avoiding or minimising loss of habitat and other key threatening processes for biodiversity; and

considering cumulative and incremental environmental impacts;

planning outcomes should support the operation of environmental laws applying in the ACT;

policies, planning and design should integrate and promote—

nature‑based solutions to climate change and water security; and

the valuation and maintenance of the ecosystem services and amenity provided by a healthy natural environment;

biodiversity connectivity and habitat values should be integrated across urban areas, including through appropriate planning for, and landscaping of, urban open space and travel corridors.

sustainability and resilience principles means the following:

places should be planned, designed and developed to be sustainable and resilient;

effort should be focussed on adapting to the effects of climate change, including through mitigating the effects of urban heat, managing water supplies and achieving energy efficient urban environments;

policies and practices should promote the use, reuse and renewal of sustainable resources, and minimise use of resources.

urban regeneration principles means the following:

growth should be mostly within the existing urban footprint, or in areas close to the existing urban footprint, while maintaining environmental values;

urban regeneration should seek to make the best use (as appropriate) of underlying or latent potential associated with land, buildings and infrastructure.

In this section:

key threatening process—see the Nature Conservation Act 2014, section 74.

In undertaking consultation under this Act, a person must consider that consultation should be accessible, balanced, inclusive, meaningful, resourced, respectful, timely, transparent and understandable (principles of good consultation).

In this section—

consultation is accessible if information provided as part of the consultation, and processes for consultation, are easy to access and are presented in a variety of ways to accommodate different stakeholders; and

consultation is balanced if—

it is undertaken in a way that facilitates and encourages constructive responses from a wide range of stakeholders; and

community views are considered together with the views of other stakeholders; and

consultation is inclusive if it is undertaken in a way that—

engages all stakeholders directly affected by the subject of the consultation; and

aims to engage all other stakeholders affected by the subject of the consultation; and

consultation is meaningful if—

information provided as part of the consultation is adequate and well-informed to ensure all stakeholders understand the subject of, and issues relating to, the consultation and can give informed responses; and

it genuinely seeks community feedback; and

community views are genuinely considered and incorporated into final decisions; and

consultation is resourced if the processes are appropriately supported, taking into account the significance, complexity and likely impact of the subject of the consultation; and

consultation is respectful if it is collaborative, genuine and courteous towards all views expressed; and

consultation is timely if—

it is undertaken early and at other appropriate times in the planning process; and

it is undertaken in a way that considers the needs of stakeholders and facilitates participation; and

Example consultation is undertaken in a way that considers holiday periods or other ACT Government consultations

it allows sufficient time for stakeholders to engage with other members of their group or organisation to form a collective decision; and

for a development application for a significant development—it is undertaken as early as possible; and

consultation is transparent if—

information provided as part of the consultation and processes for consultation are clear and observable; and

planning decisions are made openly; and

government and proponents provide reasons for decisions, including how community views have been taken into account; and

information provided as part of consultation is understandable if—

it is clear about the overall objective of the consultation, the specific issues on which stakeholders are being consulted and what is not open to consultation or change; and

it is accurate, written in plain language and presented clearly.

The Minister must make guidelines about principles of good consultation and how the principles are to be implemented.

A person required to undertake consultation under this Act must take the guidelines into consideration when undertaking the consultation.

A guideline is a notifiable instrument.

The Minister must, at least once every 5 years, decide whether the guidelines about principles of good consultation should be reviewed, taking into account whether the principles continue to reflect best practice.

The territory planning authority must publish on the authority website notice of the decision under subsection (4).

Consultation for an amendment of the territory plan or a development application is taken to meet the principles of good consultation if it is undertaken in accordance with the consultation requirements that apply to the amendment or application under this Act.

Part 2.3 Important concepts