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
This delegation is the Australian Capital Territory National Land (Unleased)
Delegation 2022 (No. 2).
This delegation commences when it is made.
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.
Part 1 Positions
Item | Position title |
101 | Secretary |
102 | Deputy Secretary, Senior Executive Service Band 3, Commercial and |
103 | First Assistant Secretary, Senior Executive Service Band 2, Property and |
104 | Assistant Secretaries, Senior Executive Service Band 1, Property and |
105 | Directors, Executive Level 2, Property and Construction Division |
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 |
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 |
204 | subsection 11(2) | requirement to publish notice and provide |
205 | subsection 11(5) | requirement to consider any submissions made in |
206 | subsection 11(6) | determine proposal to fix or change level of public |
207 | subsection 11(7) | fix or change level of public road by making a |
208 | subsection 11(8) | requirement to publish a copy of a subsection 11(7) |
209 | subsection 11(9) | requirement to ensure continued road access to |
210 | subsection 12(1) | arrange for survey to identify boundaries of public |
211 | subsection 12(2) | requirement to publish notice of proposed boundaries |
212 | subsection 12(5) | consider any submissions and determine, by |
213 | subsection 12(6) | requirement to publish a copy of a subsection 12(5) |
214 | subsection 15(1) | temporarily close a public road |
215 | subsection 15(2) | requirement to publish and display notice of intention |
216 | subsection 16(3) | determine application to use temporarily closed |
217 | subsection 16(4) | requirement to have regard to level of risk when |
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 |
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 |
223 | subsection 20(1) | consider any objections made in accordance with |
224 | subsection 20(3) | requirement to publish a copy of notice that public |
225 | subsection 22(2) | give a written drainage direction |
226 | subsection 24(2) | cause damage the subject of a drainage direction to |
227 | subsection 24(3) | authorise entry onto land the subject of a drainage |
228 | subsection 25(2) | give a written direction to repair damage to public |
229 | subsection 28 (2) | cause damage to be repaired, and recover reasonable |
230 | subsection 30(2) | give a written direction to prune tree etc. |
231 | subsection 32(2) | authorise entry onto land to which a plant pruning |
232 | subsection 33(2) | give a written direction to remove tree etc. |
233 | subsection 35(2) | authorise entry onto land to which a plant removal |
234 | subsection 36(1) | give a written direction to remove object from public |
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 |
238 | subsection 41(2) | temporarily close public land (other than a public |
239 | subsection 41(3) | requirement to publish notice of the proposal to |
240 | subsection 48(1) | give a written notice requesting further information |
241 | subsection 48(3) | refuse to consider application without further |
242 | subsection 50(2) | requirement to consider application for permit, and |
243 | subsection 50(3) | requirement to have regard to all provided |
244 | subsection 50(4) | requirement to determine application within set |
245 | subsection 50(6) | requirement to give written notice of decision to |
246 | subsection 50(8) | impose conditions on grant of permit |
247 | subsection 51(3) | requirement to not grant a permit for a period |
248 | subsection 52(5) | requirement to consider application for renewal of |
249 | subsection 52(6) | requirement to have regard to applicant’s use of the |
250 | subsection 52(7) | requirement to determine application within set |
251 | subsection 52(9) | requirement to provide written notice of decision, |
252 | subsection 52(11) | impose conditions on renewal of permit |
253 | section 53 | issue replacement permit if original is lost, stolen or |
254 | subsection 57(1) | cancel permit in certain circumstances |
255 | subsection 57(2) | requirement to give written notice of intention to |
256 | subsection 57(3) | requirement to have regard to any submission made |
257 | subsection 57(4) | requirement to give written notice of decision to |
258 | subsection 57(6) | requirement to give written notice of decision to not |
259 | subsection 58(1) | grant a licence to occupy or use certain land |
260 | subsection 58(2) | requirement for licence to be consistent with |
261 | subsection 60(1) | give written notice to terminate licence in certain |
262 | subsection 61(1) | requirement to terminate licence only when certain |
263 | subsection 61(2) | requirement to give written notice of intention to |
264 | subsection 62(2) | give written notice to demand for possession of land |
265 | paragraph 62(3)(a) | apply to Magistrates Court for an order for |
266 | subsection 63(1) | certify in writing that a licence has expired, been |