Planning Act 2023

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).