Australian Capital Territory National Land
(Unleased) Delegation 2022 (No. 2)

 

I, Katy Gallagher, Minister for Finance, make this delegation under section 70(2) of
the Australian Capital Territory National Land (Unleased) Ordinance 2022.

 

Dated 1st August 2022

 

SIGNED

 

Minister for Finance

 

1 Name of Delegation

This delegation is the Australian Capital Territory National Land (Unleased)
Delegation 2022 (No. 2).

 

2 Commencement

This delegation commences when it is made.

 

3 Definitions

In this delegation:

Department means the Department of Finance.

Minister means the Minister administering the Australian Capital Territory
(Planning and Land Management) Act 1988, section 27 insofar as it relates to
the declaration of land in the Australian Capital Territory to be National
Land where the land is required for Commonwealth purposes other than for
the special purposes of Canberra as the National Capital.

Ordinance means the Australian Capital Territory National Land
(Unleased) Ordinance 2022.

 

 

 

4 Delegation

The powers of the Minister under the provisions of the Ordinance mentioned
in Part 2 of Schedule 1 are delegated to the persons for the time being
holding, occupying, or performing the duties of, the positions in the
Department mentioned in Part 1 of Schedule 1.

 


Schedule 1 Delegations

Part 1 Positions

Item

Position title

101

Secretary

102

Deputy Secretary, Senior Executive Service Band 3, Commercial and
Government Services Group

103

First Assistant Secretary, Senior Executive Service Band 2, Property and
Construction Division

104

Assistant Secretaries, Senior Executive Service Band 1, Property and
Construction Division

105

Directors, Executive Level 2, Property and Construction Division
administering the Ordinance


Part 2 Delegations under the Ordinance

Item

Provision

Summary of power or function

(for information only)

201

subsection 8(1)

enter into administrative arrangements with the
Territory

202

subsection 10(1)

declare land to be a public road

203

subsection 11(1)

prepare a proposal to fix or change the level of a
public road

204

subsection 11(2)

requirement to publish notice and provide
opportunity to make a submission

205

subsection 11(5)

requirement to consider any submissions made in
accordance with the notice

206

subsection 11(6)

determine proposal to fix or change level of public
road

207

subsection 11(7)

fix or change level of public road by making a
notifiable instrument

208

subsection 11(8)

requirement to publish a copy of a subsection 11(7)
instrument, being the decision to fix or change level
of public road

209

subsection 11(9)

requirement to ensure continued road access to
adjoining land

210

subsection 12(1)

arrange for survey to identify boundaries of public
road in specified circumstances

211

subsection 12(2)

requirement to publish notice of proposed boundaries
following completion of survey to identify
boundaries of public road and to give a copy of
notice to lessees of adjacent land

212

subsection 12(5)

consider any submissions and determine, by
notifiable instrument, proposal to identify boundaries
of public road

213

subsection 12(6)

requirement to publish a copy of a subsection 12(5)
instrument, being the decision to identify boundaries
of public road

214

subsection 15(1)

temporarily close a public road

215

subsection 15(2)

requirement to publish and display notice of intention
to temporarily close a public road

216

subsection 16(3)

determine application to use temporarily closed
public road

217

subsection 16(4)

requirement to have regard to level of risk when
deciding application to use temporarily closed public
road

218

subsection 16(5)

approval may be given subject to conditions

219

subsection 18(2)

make temporary public road in certain circumstances

220

subsection 18(3)

requirement to provide written notice of intention to
make temporary public road to certain persons

221

subsection 19(1)

give a notifiable instrument notifying of proposal to permanently close public road

222

subsection 19(2)

requirement to provide, publish and display notice
about proposal to permanently close public road

223

subsection 20(1)

consider any objections made in accordance with
section 19 notice and declare, by notifiable
instrument, public road is permanently closed

224

subsection 20(3)

requirement to publish a copy of notice that public
road is permanently closed

225

subsection 22(2)

give a written drainage direction

226

subsection 24(2)

cause damage the subject of a drainage direction to
be repaired, and recover reasonable costs of repairing

227

subsection 24(3)

authorise entry onto land the subject of a drainage
direction to construct or maintain surface water drain,
and recover reasonable costs of construction or
maintenance

228

subsection 25(2)

give a written direction to repair damage to public
land

229

subsection 28 (2)

cause damage to be repaired, and recover reasonable
costs of repair

230

subsection 30(2)

give a written direction to prune tree etc.
overhanging public land

231

subsection 32(2)

authorise entry onto land to which a plant pruning
direction relates to prune tree etc. overhanging public
land, and recover reasonable costs of pruning

232

subsection 33(2)

give a written direction to remove tree etc.
endangering public safety on public land

233

subsection 35(2)

authorise entry onto land to which a plant removal
direction relates to remove tree etc. endangering
public safety on public land, and recover reasonable
costs of removal

234

subsection 36(1)

give a written direction to remove object from public
land

235

subsection 38(2)

cause object to be removed and placed in storage

236

subsection 38(3)

requirement to give retrieval notice

237

subsection 39(2)

sell or dispose of object as property of
Commonwealth

238

subsection 41(2)

temporarily close public land (other than a public
road) to traffic

239

subsection 41(3)

requirement to publish notice of the proposal to
temporarily close relevant public land to traffic

240

subsection 48(1)

give a written notice requesting further information
in relation to applications for permits to use public
land for regulated activities

241

subsection 48(3)

refuse to consider application without further
information

242

subsection 50(2)

requirement to consider application for permit, and
either grant or refuse the permit

243

subsection 50(3)

requirement to have regard to all provided
information and other relevant matters in reaching
decision

244

subsection 50(4)

requirement to determine application within set
timeframes

245

subsection 50(6)

requirement to give written notice of decision to
applicant, including reasons for refusal if a refusal
decision is made

246

subsection 50(8)

impose conditions on grant of permit

247

subsection 51(3)

requirement to not grant a permit for a period
exceeding 5 years

248

subsection 52(5)

requirement to consider application for renewal of
permit, and either grant or refuse the renewal

249

subsection 52(6)

requirement to have regard to applicant’s use of the
public land and other relevant matters in reaching
decision

250

subsection 52(7)

requirement to determine application within set
timeframes

251

subsection 52(9)

requirement to provide written notice of decision,
including reasons for refusal if a refusal decision is
made

252

subsection 52(11)

impose conditions on renewal of permit

253

section 53

issue replacement permit if original is lost, stolen or
destroyed

254

subsection 57(1)

cancel permit in certain circumstances

255

subsection 57(2)

requirement to give written notice of intention to
cancel permit, including setting out reasons, and
invite submission in response

256

subsection 57(3)

requirement to have regard to any submission made
in accordance with notice

257

subsection 57(4)

requirement to give written notice of decision to
cancel permit and provide reasons

258

subsection 57(6)

requirement to give written notice of decision to not
cancel permit

259

subsection 58(1)

grant a licence to occupy or use certain land

260

subsection 58(2)

requirement for licence to be consistent with
National Capital Plan

261

subsection 60(1)

give written notice to terminate licence in certain
circumstances

262

subsection 61(1)

requirement to terminate licence only when certain
things have occurred

263

subsection 61(2)

requirement to give written notice of intention to
terminate licence and invite submission in response

264

subsection 62(2)

give written notice to demand for possession of land
where unlawfully possessing or occupying

265

paragraph 62(3)(a)

apply to Magistrates Court for an order for
possession of land where demand notice not
complied with

266

subsection 63(1)

certify in writing that a licence has expired, been
surrendered or terminated