Planning and Public Health (Consequential Provisions) Act 1996

No. 25, 1996

Compilation No. 1

Compilation date:                              10 March 2018

Includes amendments up to:             Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

PLANNING AND PUBLIC HEALTH (CONSEQUENTIAL PROVISIONS) ACT 1996

TABLE OF PROVISIONS

Section

PART 1  —  PRELIMINARY

                 1.              Short title

                 2.              Commencement

PART 2  —  BUILDING ACT 1967

                 3.              Interpretation

                 4.              Repeal

                 5.              Building applications

                 6.              Building approvals

                 7.              Building activity

                 8.              Notices and declarations

PART 5  —  LAND (SUBDIVISION) ACT 1967

             17.              Interpretation

             18.              Repeal — s. 11 subdivision applications

             19.              Repeal — remaining provisions

             20.              Subdivision applications

             21.              Subdivision approvals

PART 6  —  LAND USE AND EARTHWORKS

            22.              Continuing land use

            23.              Earthworks

Planning and Public Health (Consequential Provisions) Act 1996

An Act consequential upon the making of the Planning Act 1996, the Building Act 1996, the Subdivision Act 1996 and the Public Health Act 1996, and for related purposes.

part 1  —  preliminary

Short title

      1.         This Act may be cited as the Planning and Public Health (Consequential Provisions) Act 1996.

Commencement

      2.         (1)        Section 1, this section and section 18 commence on the day on which this Act is notified in the Gazette.

                  (2)        The remaining provisions commence on a day, or respective days, fixed by the Administrator by notice in the Gazette.

part 2  —  building Act 1967

Interpretation

      3.         (1)        In this Part —

“approval” means an approval or permission to erect or alter a building —

(a)        given before the commencement date under the repealed Act; or

(b)        given on or after the commencement date under the repealed Act in its application under this Part;

“commencement date” means the date of commencement of section 4;

“repealed Act” means the Building Act 1967.

                  (2)        In this Part, a word or phrase has the same meaning as in the repealed Act.

Repeal

      4.         The Building Act 1967 is repealed.

Building applications

      5.         (1)        Where, before the commencement date, an application for an approval was made under the repealed Act, that Act as in force immediately before the commencement date continues to apply in relation to —

(a)        the application; and

(b)        a decision made by the Minister in relation to the application, irrespective of when the decision is made.

                  (2)        In the continued application of the repealed Act under subsection (1) to an application for an approval, a reference in section 19 of the repealed Act to the Norfolk Island Building Board is to be taken to be a reference to the Norfolk Island Planning Board established by the Planning Act 1996.  

Building approvals

      6.         The repealed Act as in force immediately before the commencement date continues to apply in relation to —

(a)        an approval; and

(b)        any notice given under subsection 21(1) or (3) of the repealed Act in respect of an approval, irrespective of when the notice was given.

Building activity

      7.         (1)        The repealed Act continues to apply in relation to any erection or alteration of a building carried out in pursuance, or in purported pursuance, of —

(a)        an approval; or

(b)        a notice under subsection 21(3) of the repealed Act, irrespective of when the notice is given;

irrespective of when the erection or alteration was carried out.

                  (2)        Where, before the commencement date, the erection or alteration of a building, structure or means of enclosing land was carried out, or was being carried out, without approval, the repealed Act as in force immediately before the commencement date continues to apply in relation to —

(a)        the erection or alteration; and

(b)        subject to subsection (4) — a notice given under section 24 or 25 of the Building Act 1967 in relation to the erection or alteration, irrespective of when the notice was given.

                  (3)        The Planning Act 1996 and the Building Act 1996 do not apply in relation to any erection or alteration to which the repealed Act applies by virtue of this section, subject to subsections (4) and (5).

                  (4)        Where, on or after the commencement date, a notice is given under subsection 24(1) or 25(1) of the repealed Act as applied under paragraph (2)(b) of this section —

(a)        in its application to the notice, a reference in subsection 24(2) or (3) or 25(2) or (3) of the repealed Act to an application for approval is to be read as a reference to a planning application under the Planning Act 1996;

(b)        in its application to the notice, a reference in subsection 24(2) or (3) or 25(2) or (3) of the repealed Act to an approval is to be read as a reference to a planning approval given by the Minister under the Planning Act 1996; and

(c)        in the case of a notice given under subsection 25(1) ‑ subsection 25(4) of the repealed Act does not apply.

                  (5)        In the continued application of the repealed Act under subsections (1) and (2) to an erection or alteration of a building, structure or means of enclosing land, a reference in Part 4 of the repealed Act to an authorised officer appointed under the Building Act 1967 is to be taken to be a reference to an authorised officer appointed under the Planning Act 1996. 

Notices and declarations

      8.         Where this Part provides for the continued application of the repealed Act, any notice or declaration in force under the repealed Act immediately before the commencement date continues in force on and after that date to the extent necessary for that continued application.

part 5  —  land (subdivision) Act 1967

Interpretation

      17.       (1)        In this Part —

“approval” means an approval of a subdivision —

(a)        given before the commencement date under paragraph 7(2)(a) of the repealed Act; or

(b)        given on or after the commencement date under paragraph 7(2)(a) of the repealed Act in its application under this Part;

“commencement date” means the date of commencement of section 19;

“repealed Act” means the Land (Subdivision) Act 1967.

                  (2)        In this Part, a word or phrase has the same meaning as in the repealed Act.

Repeal — s. 11 subdivision applications

      18.       Sections 11 to 20 (inclusive), 22 to 25 (inclusive) and section 27A of the Land (Subdivision) Act 1967 are repealed.

Repeal — remaining provisions

      19.       The Land (Subdivision) Act 1967 is repealed.

Subdivision applications

      20.       Where, before the commencement date, an application for an approval of a subdivision was made under section 5 of the repealed Act, that Act as in force immediately before the commencement date continues to apply in relation to —

(a)        the application; and

(b)        subject to section 21 of this Act —

(i)         any action taken by the Administrator under the repealed Act in relation to the application;

(ii)        any recommendation of the Legislative Assembly under the repealed Act in relation to the application; or

(iii)       any decision of the Commonwealth Minister under the repealed Act in relation to the application;

irrespective of when that action, recommendation or decision takes place.

Subdivision approvals

      21.       (1)        The repealed Act as in force immediately before the commencement date continues to apply in relation to an approval —

(a)        if the approval was given before the commencement date — for 12 months after the commencement date; or

(b)        if the approval is given on or after the commencement date — for 12 months after the date of the approval.

                  (2)        Paragraph 8(1)(b) of the repealed Act does not apply in relation to an approval conditional upon the construction of a road.

part 6  —  land use and earthworks

Continuing land use

      22.       Planning approval under the Planning Act 1996 is to be taken to have been given for any use of land referred to in items 1 to 6 (inclusive) of the Schedule to that Act which has continued since immediately before the date of commencement of this section.

Earthworks

      23.       Planning approval under the Planning Act 1996 is to be taken to have been given for any earthworks referred to in item 7 or 8 of the Schedule to that Act which had commenced immediately before the date of commencement of this section.

NOTES

The Planning and Public Health (Consequential Provisions) Act 1996 as shown in this consolidation comprises Act No. 25 of 1996 and amendments as indicated in the Tables below.

Table of Amendments