Public Unleased Land Act 2013

Section 1 Part 1 Preliminary 1 Name of Act This Act is the Public Unleased Land Act 2013. 3 Dictionary 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 ‘registered operator––see the Road Transport (Vehicle Registration) Act 1999, dictionary.’ means that the term ‘registered operator’ 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)). 4 Notes 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. page 2 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Preliminary Part 1

Section 5 5 Offences against Act—application of Criminal Code etc 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. 6 Object of Act The main objects of this Act are to— (a) protect the amenity and natural value of public unleased land; and (b) facilitate the use of public unleased land. 7 Application of Act to Territory (1) The following sections do not bind the Territory: (a) section 16 (Offence—fail to comply with drainage direction); (b) section 20 (Offence—carry out work on public unleased land without approval); (c) section 22 (Offence—fail to comply with repair damage direction). (2) This section has effect despite the Legislation Act, section 121 (Binding effect of Acts). R18 Public Unleased Land Act 2013 page 3 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary

Section 8 8 Meaning of public unleased land In this Act: public unleased land means unleased territory land that— (a) the public is entitled to use; or (b) is open to, or used by, the public. 9 Meaning of public road In this Act: public road means any street, road, lane, thoroughfare, footpath, or place that is— (a) territory land; and (b) open to, or used by, the public. 9A Meaning of carries on business as a hawker For this Act, a person carries on business as a hawker— (a) if the person carries on an itinerant business selling— (i) goods carried by the person, or by a vehicle used by the person; or (ii) services provided by the person, or provided from a vehicle used by the person; or (b) if the person sells goods or services for a person mentioned in paragraph (a). page 4 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Public roads Division 2.1

Section 10 Part 2 Managing and protecting public unleased land Division 2.1 Public roads 10 Director-general may fix or change public road levels (1) The director-general may fix or change the level of a public road. (2) Before deciding whether to fix or change a level, the director-general must— (a) at least 30 days before the level is to be fixed or changed—twice give public notice about the proposal to fix or change the level; and (b) give anyone interested in the proposal an opportunity to be heard about the proposal. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (3) The public notice must state— (a) the name and location of the road; and (b) where plans of the proposal may be inspected; and (c) where and when anyone interested in the proposal may be heard. (4) The director-general must hear anyone interested in the proposal at the time and place mentioned in the notice. (5) In deciding whether to fix or change the level, the director-general must consider submissions made at the hearing. R18 Public Unleased Land Act 2013 page 5 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.1 Public roads

Section 11 11 Director-general may temporarily close public roads (1) The director-general may temporarily close a public road (a closed road). (2) Before closing a public road, the director-general must— (a) at least 7 days before the road is to be closed—give public notice about the proposal to close the road; and (b) display a notice about the proposal to close the road in a conspicuous place at the road. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (3) Subsection (2) does not apply in urgent circumstances. 12 Approval to use closed road (1) A person may apply to the director-general for approval (a closed road approval) to use a closed road. Note 1 If a form is approved under s 131 for this provision, the form must be used. Note 2 A fee may be determined under s 130 for this provision. (2) On receiving an application, the director-general must— (a) give a copy of the application to each entity the director-general considers should be consulted about the application; and (b) tell each entity that they may give a written submission to the director-general, not later than 15 working days after receiving the copy of the application, about— (i) why the closed road should not be used; or (ii) how the closed road should be used. Note For how documents may be given, see the Legislation Act, pt 19.5. page 6 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Public roads Division 2.1

Section 13 (3) In deciding whether to issue an approval, the director-general must consider— (a) whether the use would be likely to— (i) cause undue risk to people or property; or (ii) damage the road; and (b) any submissions received under subsection (2). (4) The director-general may issue an approval only if reasonably satisfied that use of the road in accordance with the approval would not be likely to cause unacceptable risk to people, property or the road. (5) An approval may be subject to any condition that the director-general reasonably believes is necessary for the management or protection of the road. 13 Offence—use closed road without approval (1) A person commits an offence if the person— (a) uses a closed road; and (b) does not hold a closed road approval authorising the use of the closed road. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 14 Director-general may make temporary public roads (1) This section applies if the director-general— (a) temporarily closes a public road under section 11 (Director-general may temporarily close public roads); and (b) considers that it is necessary to make a temporary road for use while the road is closed. R18 Public Unleased Land Act 2013 page 7 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.2 Drainage affecting public unleased land

Section 15 (2) The director-general may make a temporary public road. (3) However, if the land for the temporary public road is fenced, the director-general must tell the occupier or owner of the land about the temporary public road at least 24 hours before making the temporary public road. (4) Subsection (3) does not apply in urgent circumstances. (5) The Territory is liable for any damage caused in making the temporary public road, other than any minor damage that is incidental to the making of the temporary public road. Division 2.2 Drainage affecting public unleased land 15 Directions to construct surface water drains (1) This section applies if surface water from land— (a) overflows into public unleased land; and (b) damages the public unleased land. (2) The director-general may direct (a drainage direction) the land owner to do 1 or more of the following: (a) repair the damage; (b) construct stated drains. (3) A drainage direction must be in writing and state— (a) if damage is to be repaired— (i) the public unleased land; and (ii) the damage to be repaired; and (b) if a drain is to be constructed— (i) the location of the drain; and page 8 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Drainage affecting public unleased land Division 2.2

Section 16 (ii) the size of the drain; and (iii) that the owner must maintain the drain in good condition; and (c) when the direction must be complied with, being a day at least 1 month after the direction is given to the owner. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). 16 Offence—fail to comply with drainage direction (1) A person commits an offence if the person— (a) is subject to a drainage direction; and (b) fails to comply with the direction. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. 17 Construction of drains by Territory (1) This section applies if a land owner— (a) is subject to a drainage direction; and (b) fails to comply with the direction. (2) The director-general may— (a) if a drain has not been constructed or maintained as directed— (i) enter onto the land mentioned in the drainage direction, with the assistance that the director-general considers necessary; and (ii) construct or maintain the drains mentioned in the drainage direction; and (iii) recover the reasonable costs of the construction or maintenance from the land owner; and R18 Public Unleased Land Act 2013 page 9 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.3 Work on public unleased land

Section 18 (b) if damage to public unleased land has not been repaired as directed— (i) repair the damage; and (ii) recover the reasonable costs of repairing the damage from the land owner. Note 1 Powers of entry are further dealt with in div 4.5. Note 2 An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). Division 2.3 Work on public unleased land 18 Meaning of work on public unleased land In this Act: work, on public unleased land, includes— (a) any interference with Territory property on the public unleased land; and (b) construction work carried out on the public unleased land. 19 Approval to carry out work on public unleased land (1) A person may apply to the director-general for approval (a work approval) to carry out work on public unleased land. Note 1 If a form is approved under s 131 for this provision, the form must be used. Note 2 A fee may be determined under s 130 for this provision. (2) On receiving an application, the director-general must— (a) give a copy of the application to each entity the director-general considers should be consulted about the application; and page 10 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Work on public unleased land Division 2.3

Section 19 (b) tell each entity that they may give a written submission to the director-general, not later than 15 working days after receiving the copy of the application, about— (i) why the work should not be carried out; or (ii) how the work should be carried out. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) If the public unleased land is a reserve, the director-general must consult the conservator about the application. (4) In deciding whether to issue an approval, the director-general must consider— (a) whether the work would be likely to— (i) cause undue disturbance, inconvenience or offence to people lawfully on or near the public unleased land; or (ii) cause undue risk to people or property; or (iii) damage the public unleased land; and (iv) damage a protected tree, or be prohibited groundwork in the protection zone of a protected tree; and (b) any submissions received under subsection (2). (5) The director-general may issue an approval only if reasonably satisfied that carrying out the work in accordance with the approval would not be likely to— (a) unacceptably affect people lawfully on or near the public unleased land; and (b) cause unacceptable risk to people, property or the public unleased land; and R18 Public Unleased Land Act 2013 page 11 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.3 Work on public unleased land

Section 20 (c) cause unacceptable damage to a protected tree. Note Under the Urban Forest Act 2023, s 92, an applicant for a work approval may be required to enter into a tree bond agreement if a protected tree is at risk of damage because of work carried out under the approval. (6) An approval may be subject to any condition that the director-general reasonably believes is necessary to— (a) eliminate an effect or risk mentioned in subsection (5); or (b) if the effect or risk cannot be eliminated—minimise the effect or risk. Examples—conditions 1 that the work site be lit from sunset to sunrise 2 that the work site be fenced (7) In this section: prohibited groundwork—see the Urban Forest Act 2023, section 15. 20 Offence—carry out work on public unleased land without approval (1) A person commits an offence if the person— (a) carries out work on public unleased land; and (b) does not hold a work approval authorising the carrying out of the work on the public unleased land. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. page 12 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Damage to public unleased land Division 2.4

Section 21 Division 2.4 Damage to public unleased land 21 Directions to repair damage to public unleased land (1) This section applies if— (a) a person causes damage to— (i) public unleased land; or (ii) Territory property on public unleased land; and Example—Territory property on public unleased land 1 boundary mark 2 public notice (b) the damage is not authorised under— (i) an approval under this Act; or Examples—approvals that may authorise damage 1 closed road approval 2 work approval (ii) a public unleased land permit; or (iii) a nature conservation licence under the Nature Conservation Act 2014, section 262 (What is a nature conservation licence?). (2) The director-general may direct (a repair damage direction) the person to repair the damage. (3) A repair damage direction must be in writing and state— (a) the public unleased land and Territory property (if any); and (b) the damage to be repaired; and (c) when the direction must be complied with, being a day at least 1 month after the direction is given to the person. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). R18 Public Unleased Land Act 2013 page 13 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.5 Signs on public unleased land

Section 22 22 Offence—fail to comply with repair damage direction (1) A person commits an offence if the person— (a) is subject to a repair damage direction; and (b) fails to comply with the direction. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. 23 Repair of damage by Territory (1) This section applies if a person— (a) is subject to a repair damage direction; and (b) fails to comply with the direction. (2) The director-general may— (a) repair the damage; and (b) recover the reasonable costs of repairing the damage from the person. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). Division 2.5 Signs on public unleased land 24 Meaning of sign on public unleased land In this Act— sign, on public unleased land, includes— (a) an advertisement; and (b) a public notice. page 14 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Signs on public unleased land Division 2.5

Section 25 25 Approval to place sign on public unleased land (1) A person may apply to the director-general for approval (a sign approval) to place a sign on public unleased land. Note 1 If a form is approved under s 131 for this provision, the form must be used. Note 2 A fee may be determined under s 130 for this provision. (2) On receiving an application, the director-general must— (a) give a copy of the application to each entity the director-general considers should be consulted about the application; and (b) tell each entity that they may give a written submission to the director-general, not later than 15 working days after receiving the copy of the application, about— (i) why the sign should not be placed on the public unleased land; or (ii) how the sign should be placed on the public unleased land. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) In deciding whether to issue an approval, the director-general must consider— (a) whether the placement of the sign would be likely to— (i) cause undue disturbance, inconvenience or offence to people lawfully on or near the public unleased land; or (ii) cause undue risk to people or property; or (iii) damage the public unleased land; and (b) any submissions received under subsection (2). R18 Public Unleased Land Act 2013 page 15 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.5 Signs on public unleased land

Section 26 (4) The director-general may issue an approval only if satisfied that placing the sign in accordance with the approval would not be likely to— (a) unacceptably affect people lawfully on or near the public unleased land; and (b) cause unacceptable risk to people, property or the public unleased land. (5) If the sign is a movable sign, the approval is subject to the condition that the placement and keeping of the sign must comply with the movable signs code of practice. (6) An approval may be subject to any other condition that the director-general reasonably believes is necessary for the management or protection of the public unleased land. 26 Offence—place fixed sign on public unleased land without approval (1) A person commits an offence if the person— (a) places a fixed sign on public unleased land; and (b) does not hold a sign approval authorising the placing of the sign on the public unleased land. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 27 Movable signs code of practice (1) The Minister may approve a code of practice about movable signs on public unleased land (a movable signs code of practice). (2) A movable signs code of practice may include provisions about 1 or more of the following matters: (a) the construction of movable signs on public unleased land; page 16 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Signs on public unleased land Division 2.5

Section 28 (b) the size of movable signs on public unleased land; (c) the location of movable signs on public unleased land; (d) the words or images that may be displayed on movable signs on public unleased land; (e) the number of movable signs that may be placed on public unleased land; (f) the kind of insurance policy that a person placing a movable sign on public unleased land must hold. (3) An approved code of practice is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 28 Offence—fail to comply with code of practice (1) A person commits an offence if— (a) the person places a movable sign on public unleased land; and (b) either— (i) the person fails to comply with the movable signs code of practice; or (ii) the sign does not comply with the movable signs code of practice. Maximum penalty: (a) if the failure relates to insurance—50 penalty units; or (b) if the failure does not relate to insurance—10 penalty units. (2) A person commits an offence if— (a) the person places, or causes to be placed, an electoral advertising sign on public unleased land; and (b) the person fails to comply with the movable signs code of practice for the sign; and R18 Public Unleased Land Act 2013 page 17 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.5 Signs on public unleased land

Section 29 (c) the failure relates to either— (i) the number of signs that may be placed on public unleased land; or (ii) the sign being placed on public unleased land that is adjacent to a designated public road. Maximum penalty: 20 penalty units. (3) An offence against this section is a strict liability offence. (4) In this section: designated public road means a public road, or part of a public road, prescribed by the movable signs code or practice. electoral advertising sign means a movable sign that contains electoral matter. electoral matter— (a) means any matter that is intended, or is likely, to affect voting in an ACT, Commonwealth or State election or referendum; and (b) includes any matter that contains an express or implied reference to— (i) an ACT, Commonwealth or State election or referendum; or (ii) any matter on which electors are required to vote in an ACT, Commonwealth or State election or referendum. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). 29 Territory indemnified regarding movable signs A person who places a movable sign on public unleased land is liable to indemnify the Territory for any liability the Territory incurs as a result of the movable sign being on the public unleased land. page 18 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Trees and other plants affecting public unleased land Division 2.6

Section 30 Division 2.6 Trees and other plants affecting public unleased land 30 Definitions—div 2.6 In this division: leased land—see the Urban Forest Act 2023, dictionary. registered tree—see the Urban Forest Act 2023, section 10. tree damaging activity approval means an approval under the Urban Forest Act 2023— (a) section 28 (Approval application—decision); or (b) section 32 (Approval in urgent circumstances or for minor works). 31 Direction to prune tree etc overhanging public unleased land (1) This section applies if the director-general believes on reasonable grounds that a tree or other plant on leased land is— (a) overhanging public unleased land; and (b) likely to obstruct or inconvenience anyone on the public unleased land. Example—other plant a hedge (2) The director-general may direct (a plant pruning direction) the occupier of the land on which the tree or other plant is growing to prune the tree or other plant. R18 Public Unleased Land Act 2013 page 19 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.6 Trees and other plants affecting public unleased land

Section 32 (3) However, if the tree or other plant is a registered tree and the pruning would or may damage the tree, a tree damaging activity approval for the pruning must be in force before the director-general issues the plant pruning direction. Note A tree damaging activity approval is not needed for a regulated tree because anything done in relation to a regulated tree under a plant pruning direction is an exception to an offence under the Urban Forest Act 2023, s 16 or s 17 (see that Act, s 18 (1) (e) (i)). (4) The plant pruning direction must— (a) be in writing; and (b) state the public unleased land; and (c) identify the tree or other plant; and (d) state how the tree or plant must be pruned; and (e) state when the direction must be complied with, being a day at least 7 days after the direction is given to the occupier; and (f) if subsection (3) applies to the tree or other plant—be accompanied by the tree damaging activity approval. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). 32 Offence—fail to comply with plant pruning direction (1) A person commits an offence if the person— (a) is subject to a plant pruning direction; and (b) fails to comply with the direction. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. page 20 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Trees and other plants affecting public unleased land Division 2.6

Section 33 33 Pruning of tree etc by Territory (1) This section applies if an occupier— (a) is subject to a plant pruning direction; and (b) fails to comply with the direction. (2) The director-general may— (a) enter onto the land mentioned in the plant pruning direction, with the assistance that the director-general considers necessary; and Note Powers of entry are further dealt with in div 4.5. (b) prune the tree or other plant as mentioned in the plant pruning direction; and (c) recover the reasonable costs of the pruning from the occupier. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). 34 Direction to remove tree etc endangering public on public unleased land (1) This section applies if the director-general believes on reasonable grounds that a tree or other plant on leased land endangers the safety of anyone on public unleased land. Example—tree or plant endangering safety of person on public unleased land tree obstructing vision of drivers on public road (2) The director-general may direct (a plant removal direction) the occupier of the land on which the tree or other plant is growing to immediately remove the tree or plant. R18 Public Unleased Land Act 2013 page 21 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.6 Trees and other plants affecting public unleased land

Section 35 (3) However, if the tree or other plant is a registered tree, a tree damaging activity approval for the removal must be in force before the director-general issues the plant removal direction. Note A tree damaging activity approval is not needed for a regulated tree because anything done in relation to a regulated tree under a plant removal direction is an exception to an offence under the Urban Forest Act 2023, s 16 or s 17 (see that Act, s 18 (1) (e) (ii)). (4) The plant removal direction must— (a) be in writing; and (b) state the public unleased land; and (c) identify the tree or other plant; and (d) state when the direction must be complied with, being a day at least 5 days after the direction is given to the occupier; and (e) if subsection (3) applies to the tree or other plant—be accompanied by the tree damaging activity approval. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). 35 Offence—fail to comply with plant removal direction (1) A person commits an offence if the person— (a) is subject to a plant removal direction; and (b) fails to comply with the direction. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. 36 Removal of tree etc by Territory (1) This section applies if an occupier— (a) is subject to a plant removal direction; and page 22 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Managing and protecting public unleased land Part 2 Graffiti visible from public unleased land Division 2.7

Section 37 (b) fails to comply with the direction. (2) The director-general may— (a) enter onto the land mentioned in the plant removal direction, with the assistance that the director-general considers necessary; and (b) remove the tree or other plant; and (c) recover the reasonable costs of the pruning from the occupier. Note 1 Powers of entry are further dealt with in div 4.5. Note 2 An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). Division 2.7 Graffiti visible from public unleased land 37 Meaning of occupier of leased territory land—div 2.7 In this division: occupier, of leased territory land, includes— (a) a person believed on reasonable grounds to be an occupier of the land; and (b) a person apparently in charge of the land. 38 Graffiti removal from property on leased territory land (1) This section applies to graffiti on property on leased territory land if the graffiti is visible from public unleased land. (2) An authorised person may remove the graffiti with the consent of the occupier of the land. R18 Public Unleased Land Act 2013 page 23 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Managing and protecting public unleased land Division 2.7 Graffiti visible from public unleased land

Section 39 (3) An authorised person may remove the graffiti without the consent of the occupier of the land if an authorised person has, immediately before the graffiti removal work is to be carried out, taken reasonable steps to tell the occupier that the work is to be carried out. (4) However, graffiti removal work under subsection (3) must be carried out only from public unleased land. (5) After graffiti removal work under subsection (2) or (3) has been carried out, an authorised person must tell the occupier of the land, in writing— (a) that the work has been carried out; and (b) about the effect of section 39. Note For how documents may be given, see the Legislation Act, pt 19.5. 39 Graffiti removal—liability of the Territory (1) The cost of graffiti removal work under section 38 is payable by the Territory. (2) The Territory is liable for any damage caused to the property in carrying out graffiti removal work, other than any minor damage that is incidental to the removal of the graffiti. Examples—minor incidental damage 1 minor discoloration of the surface from which the graffiti is removed 2 minor variations in the colour and application of paintwork (3) The Territory is not liable for any failure to completely remove any graffiti. (4) To remove any doubt, the Territory is not required to— (a) carry out any graffiti removal work; or (b) restore any property to its former state before graffiti was applied to it. page 24 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Important concepts Division 3.1

Section 40 Part 3 Public unleased land permits Division 3.1 Important concepts 40 What is a public unleased land permit? In this Act: public unleased land permit means a permit that authorises the permit-holder to exclusively use stated public unleased land (the permitted public unleased land)— (a) at a stated time (the permitted time); and (b) for a stated activity (the permitted activity). 41 When does a person use public unleased land?—pt 3 (1) In this part: use, public unleased land—a person uses public unleased land if the person carries on an activity on the public unleased land in a way that excludes some or all members of the public from the place. Examples—using public unleased land 1 placing tables and chairs on the footpath outside a cafe 2 placing a construction skip on a footpath 3 placing a charity bin on a footpath 4 holding markets on unleased land 5 holding a concert in a park 6 holding a wedding in a park 7 parking a car in a park 8 a person carrying on business as a hawker sells goods from their van for more than 30 minutes R18 Public Unleased Land Act 2013 page 25 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.1 Important concepts

Section 42 (2) However, the Minister may declare that an activity on public unleased land is, or is not, use of the public unleased land for this part. Example An activity that excludes some members of the public from the land may be declared to not be ‘use’ if carried on in certain circumstances or at a particular time. (3) A declaration is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 42 Who is an influential person for a corporation?—pt 3 (1) In this part: influential person, for a corporation, means any of the following: (a) an executive officer of the corporation; (b) a person who may exercise a relevant power in relation to the corporation; (c) a related corporation; (d) an executive officer of a related corporation. (2) In this section: related corporation means a related body corporate under the Corporations Act. relevant power, for a corporation, means a power— (a) to take part in a directorial, managerial or executive decision for the corporation; or (b) to elect or appoint a person as an executive officer in the corporation; or (c) to exercise a significant influence in relation to the conduct of the corporation. page 26 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—offences Division 3.2

Section 43 Division 3.2 Public unleased land permits— offences 43 Offence—use public unleased land without permit (1) A person commits an offence if the person— (a) uses public unleased land; and (b) does not hold a public unleased land permit authorising the use. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. (3) This section does not apply to a person if the person— (a) holds a work approval or sign approval for the public unleased land; and (b) uses the public unleased land in accordance with the approval. (4) This section does not apply to a person if the person— (a) holds a licence under the— (i) Planning Act 2023, section 378 (Decision on licence applications for unleased land), to occupy or use the public unleased land; or (ii) Nature Conservation Act 2014, section 262 (What is a nature conservation licence?), authorising the person to carry on an activity on the land; and (b) occupies or uses the public unleased land in accordance with the licence. R18 Public Unleased Land Act 2013 page 27 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.2 Public unleased land permits—offences

Section 44 (5) This section does not apply to a person carrying out an activity in a reserve if— (a) an activities declaration under the Nature Conservation Act 2014 is in force for the reserve, providing that the activity may be carried out in the reserve if stated directions or requirements are complied with; and (b) the person complies with the stated directions or requirements. (6) This section does not apply to a person— (a) if the person carries on business as a hawker for not more than 30 minutes at a time in a single location; and (b) if each location at which the person carries on business as a hawker is at least 180m away from commercial premises that sells similar goods or services to the goods or services available from the person carrying on business as a hawker. 44 Offence—fail to comply with condition of permit (1) A person commits an offence if— (a) the person holds a public unleased land permit; and (b) the permit is subject to a condition; and (c) the person fails to comply with the condition. Maximum penalty: (a) if the condition is not a financial assurance condition— 20 penalty units; or (b) if the condition is a financial assurance condition— 30 penalty units. (2) An offence against this section is a strict liability offence. page 28 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—application Division 3.3

Section 45 Division 3.3 Public unleased land permits— application 45 Public unleased land permit—application (1) A person may apply to the director-general for a public unleased land permit. (2) The application must— (a) be in writing; and (b) state— (i) the public unleased land for the permit; and Note Some activities are not permitted in wilderness areas (see s 57 (3)). (ii) the times for the permit; and (iii) the activity for the permit; and (c) include complete details of suitability information about— (i) the applicant; and (ii) if the applicant is a corporation—each influential person for the applicant; and (iii) the activity for the permit; and Note Suitability information, about a person—see s 47. Suitability information, about an activity—see s 50. (d) include a plan (a location plan) that— (i) is drawn to scale; and R18 Public Unleased Land Act 2013 page 29 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.4 Public unleased land permits—suitability of people

Section 46 (ii) clearly shows— (A) the location, boundaries and dimensions of the public unleased land for the permit; and (B) the position of the activity on the public unleased land; and (C) the location of any protected trees on the public unleased land. Note 1 Giving false or misleading information is an offence against the Criminal Code, s 338. Note 2 If a form is approved under s 131 for this provision, the form must be used. Note 3 A fee may be determined under s 130 for this provision. Division 3.4 Public unleased land permits— suitability of people 46 Who is a suitable person to hold a public unleased land permit? (1) In this Act: suitable person, to hold a public unleased land permit, means a person who the director-general is satisfied is a suitable person to hold the permit. (2) In deciding whether a person is a suitable person to hold a public unleased land permit, the director-general must consider each of the following: (a) suitability information about the person; (b) any information given to the director-general under section 48 (Suitability of people—further information about people). page 30 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—suitability of people Division 3.4

Section 47 47 What is suitability information about a person? In this Act: suitability information, about a person, means information about the following: (a) any conviction of, or finding of guilt against, the person for an offence against 1 or more of the following: (i) this Act; (ii) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (b) any proven noncompliance by the person with a legal obligation in relation to carrying on an activity on public unleased land; Example failing to comply with a direction to remove an object (see s 96) (c) any refusal of an application by the person for a licence, permit or other authority (however described) to carry on an activity on public unleased land; Example A person has had an application refused for a licence under the Planning Act 2023, s 378, to occupy or use an area of unleased land. (d) any other matter relevant to the person’s ability to safely and responsibly carry on an activity on public unleased land. R18 Public Unleased Land Act 2013 page 31 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.5 Public unleased land permits—suitability of activities

Section 48 48 Suitability of people—further information about people (1) This section applies if the director-general is making a decision about whether a person is a suitable person to hold a public unleased land permit. (2) The director-general may, by written notice given to the person (a personal information notice), require the person to give the director-general stated information about 1 or more of the following people, not later than a stated reasonable time: (a) the person; (b) if the person is a corporation—an influential person for the person. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The director-general need not decide whether a person is a suitable person to hold a public unleased land permit if— (a) the director-general has given the person a personal information notice; and (b) the person does not comply with the notice. Division 3.5 Public unleased land permits— suitability of activities 49 What is a suitable activity for a public unleased land permit? (1) In this Act: suitable activity, for a public unleased land permit, means an activity that the director-general is satisfied is suitable for the permit. (2) In deciding whether an activity is suitable for a public unleased land permit, the director-general must consider each of the following: (a) suitability information about the activity; page 32 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—suitability of activities Division 3.5

Section 50 (b) the location plan given to the director-general with the application; (c) any information about the activity given to the director-general under section 51 (Suitability of activities—further information about activity); (d) any approval, licence, permit or other authority for the activity given to the director-general under section 52 (Suitability of activities—other approvals); (e) any submission about the activity received by the director-general under— (i) section 53 (Suitability of activities—public consultation); or (ii) section 54 (Suitability of activities—public consultation submissions); (f) any risk management plan given to the director-general under section 55 (Suitability of activities—risk management plan); (g) the results of any inspection of an object by the director-general under section 56 (Suitability of activities—inspection of object). 50 What is suitability information about an activity? In this Act: suitability information, about an activity, means information about the following: (a) if the activity involves placing an object on public unleased land—the following information: (i) the nature of the object; (ii) the size of the object; (iii) the intended use of the object; R18 Public Unleased Land Act 2013 page 33 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.5 Public unleased land permits—suitability of activities

Section 50 (iv) if the object is not to remain on the public unleased land at all times during the public unleased land permit—when the object will be on the public unleased land; (v) any risks that the placement of the object may cause to the public, and how the risks are to be minimised; (vi) if placement of the object requires construction work on the public unleased land— (A) the nature of the work; and (B) any risks that the construction work may cause to the public, and how the risks are to be minimised; and (vii) if there is a protected tree on the public unleased land—any risks that the placement of the object may pose to the tree, and how those risks are to be minimised; (viii) any other matter relevant to the appropriateness of the object on the public unleased land; (b) if the activity involves holding an event on public unleased land—the following information: (i) the nature of the event; (ii) the number of people expected to attend the event; (iii) if the event is not to be held on the public unleased land at all times during the public unleased land permit—when the event will be held on the public unleased land; (iv) any risks that the holding of the event may cause to the public, and how the risks are to be minimised; (v) if there is a protected tree on the public unleased land—any risks that the holding of the event may pose to the tree, and how those risks are to be minimised; page 34 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—suitability of activities Division 3.5

Section 51 (vi) any other matter relevant to the appropriateness of holding the event on the public unleased land. Note The director-general must also consider suitability information for an activity when deciding to amend or renew a public unleased land permit (see s 68, s 69 and s 74). 51 Suitability of activities—further information about activity (1) This section applies if the director-general is making a decision about whether an activity is a suitable activity for a public unleased land permit. (2) The director-general may, by written notice given to the applicant (an activity information notice), require the applicant to give the director-general stated information about the activity, not later than a stated reasonable time. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The director-general need not decide whether an activity is a suitable activity for a public unleased land permit if— (a) the director-general has given the applicant an activity information notice; and (b) the applicant does not comply with the notice. 52 Suitability of activities—other approvals (1) This section applies if— (a) the director-general is making a decision about whether an activity is a suitable activity for a public unleased land permit; and (b) carrying on the activity on the public unleased land in accordance with the permit would require an approval, licence, permit or other authority (however described) under another territory law or Commonwealth law. R18 Public Unleased Land Act 2013 page 35 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.5 Public unleased land permits—suitability of activities

Section 52A (2) The director-general may, by written notice given to the applicant (an additional approval notice), require the applicant to give the director-general a copy of the stated approval, licence, permit or other authority. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The director-general need not decide an application for a public unleased land permit if— (a) the director-general has given the applicant an additional approval notice; and (b) the applicant does not comply with the notice. 52A Suitability of activities—consultation with conservator (1) This section applies if— (a) the director-general is making a decision about whether an activity is a suitable activity for a public unleased land permit; and (b) the public unleased land is a reserve. (2) In making the decision, the director-general must consult the conservator. 53 Suitability of activities—public consultation (1) This section applies if the director-general is— (a) making a decision about whether an activity is a suitable activity for a public unleased land permit; and (b) satisfied that carrying on the activity on the public unleased land in accordance with the permit is likely to have significant impact on people lawfully at adjacent or nearby places. page 36 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—suitability of activities Division 3.5

Section 53 (2) The director-general may, by written notice given to the applicant (a public consultation notice), require the applicant to— (a) display a sign about the application on the public unleased land; and (b) give public notice about the application. Note 1 Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). Note 2 For how documents may be given, see the Legislation Act, pt 19.5. (3) The sign and notice must— (a) state— (i) the times for the public unleased land permit; and (ii) the activity for the public unleased land permit; and (iii) that anyone may give a written submission to the director-general about how the use of the public unleased land in accordance with the proposed permit may have significant impact on someone lawfully at adjacent or nearby places; and (iv) that submissions may be given to the director-general only during the 15 working days after the date of the sign or notice (the public consultation period); and (b) comply with the requirements prescribed by regulation. (4) A person who gives the director-general a submission about an application may, in writing, withdraw the submission at any time before the application is decided. (5) The director-general need not decide an application for a public unleased land permit if— (a) the director-general has given the applicant a public consultation notice; and R18 Public Unleased Land Act 2013 page 37 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.5 Public unleased land permits—suitability of activities

Section 54 (b) the applicant does not comply with the notice. 54 Suitability of activities—public consultation submissions (1) This section applies if the director-general— (a) receives a submission under section 53 (3); and (b) proposes to decide that the activity is not a suitable activity for the public unleased land permit because of information contained in the submission. Note The director-general may issue a public unleased land permit only if satisfied that the activity is a suitable activity for the public unleased land permit (see s 57). (2) The director-general must give the applicant written notice of the proposed decision (a public consultation submission notice). Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The notice must— (a) include a copy of the submission; and (b) state that— (i) the applicant may give a written submission to the director-general showing cause why the activity should not be considered unsuitable for the public unleased land permit; and (ii) the applicant’s submission may be given to the director-general only during the 20 working days (the show cause period) after the date of the notice. 55 Suitability of activities—risk management plan (1) This section applies if the director-general is— (a) making a decision about whether an activity is a suitable activity for a public unleased land permit; and page 38 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—suitability of activities Division 3.5

Section 56 (b) satisfied that carrying on the activity on the public unleased land in accordance with the public unleased land permit is likely to cause undue risk to people or property. (2) The director-general may, by written notice given to the applicant (a risk management plan notice), require the applicant to prepare a risk management plan for the public unleased land permit. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The risk management plan must— (a) identify the risks to people and property; and (b) detail the procedures, practices and arrangements for eliminating or minimising the risks. (4) The director-general need not decide an application for a public unleased land permit if— (a) the director-general has given the applicant a risk management plan notice; and (b) the applicant does not comply with the notice. 56 Suitability of activities—inspection of object (1) This section applies if— (a) the director-general is making a decision about whether an activity is suitable for a public unleased land permit; and (b) the activity involves placing an object on public unleased land. (2) The director-general may, by written notice given to the applicant (an inspection notice), require the applicant to allow the director-general to inspect the object within a stated reasonable time. Note For how documents may be given, see the Legislation Act, pt 19.5. R18 Public Unleased Land Act 2013 page 39 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.6 Public unleased land permits—decision

Section 57 (3) The director-general need not decide whether an activity is a suitable activity for a public unleased land permit if— (a) the director-general has given the applicant an inspection notice; and (b) the applicant does not comply with the notice. Division 3.6 Public unleased land permits— decision 57 Public unleased land permit—decision on application (1) This section applies if the director-general receives an application for a public unleased land permit. (2) The director-general may issue the public unleased land permit to the applicant only if reasonably satisfied that— (a) the applicant is a suitable person to hold the public unleased land permit; and (b) if the applicant is a corporation—each influential person for the applicant is a suitable person to hold the public unleased land permit; and (c) the activity is a suitable activity for the public unleased land permit. Note Suitable person, to hold a public unleased land permit—see s 46. Suitable activity, for a public unleased land permit—see s 49. (3) However, the director-general must not issue a public unleased land permit to carry on any of the following activities in a wilderness area: (a) erect a building, booth, stall, post, sign or other structure; (b) supply goods or services. page 40 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—decision Division 3.6

Section 57 (4) A public unleased land permit may be subject to any condition that the director-general reasonably believes is necessary to meet the objectives of this Act. Examples—conditions 1 that the permit-holder must hold a stated kind of insurance 2 that the permit-holder must fence the permitted public unleased land 3 a financial assurance condition (see s 60) 4 that stated measures be put in place to avoid damage to a protected tree on the land Note Under the Urban Forest Act 2023, s 92 an applicant for a public unleased land permit may be required to enter into a tree bond agreement if a protected tree is at risk of damage because of an activity to be carried out for the permit. (5) The director-general must, not later than the required time— (a) decide the application; and (b) tell the applicant about the decision on the application. (6) In this section: required time means the latest of the following: (a) if the director-general gives the applicant a personal information notice under section 48—28 days after the director-general receives the stated information; (b) if the director-general gives the applicant an activity information notice under section 51—28 days after the director-general receives the information; (c) if the director-general gives the applicant an additional approval notice under section 52—28 days after the director-general receives the approval, licence, permit or other authority; (d) if the director-general gives the applicant a public consultation notice under section 53 and receives a submission during the public consultation period—28 days after the director-general receives the submission; R18 Public Unleased Land Act 2013 page 41 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.6 Public unleased land permits—decision

Section 58 (e) if the director-general gives the applicant a public consultation submission notice under section 54 and receives a submission during the show cause period—28 days after the director-general receives the submission; (f) if the director-general gives the applicant a risk management plan notice under section 55—28 days after the director-general receives the risk management plan; (g) if the director-general gives the applicant an inspection notice under section 56—28 days after the director-general inspects the object; (h) 28 days after the day the director-general receives the application. Note Failure to issue a public unleased land permit within the required time is taken to be a decision not to issue the public unleased land permit (see ACT Civil and Administrative Tribunal Act 2008, s 12). 58 Public unleased land permit—form (1) A public unleased land permit must— (a) be in writing; and (b) include the following information: (i) the name of the permit-holder; (ii) the location of the permitted public unleased land; (iii) the permitted activity; (iv) the permitted times; (v) the term of the permit; (vi) the conditions on the permit; (vii) anything else prescribed by regulation. page 42 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—financial assurance conditions Division 3.7

Section 59 (2) A public unleased land permit may include anything else the director-general considers relevant. 59 Public unleased land permit—term (1) A public unleased land permit starts on the day stated in the permit. (2) The director-general must not issue a public unleased land permit for longer than 3 years. (3) A public unleased land permit expires on the day stated in the permit. Division 3.7 Public unleased land permits— financial assurance conditions 60 Meaning of financial assurance condition In this Act: financial assurance condition, on a public unleased land permit, means a condition requiring the permit-holder to give the director-general a financial assurance of a stated kind and amount. 61 Financial assurance condition—imposition (1) The director-general may impose a financial assurance condition on a public unleased land permit if satisfied that it is justified having regard to— (a) the likelihood that the permitted activity will cause serious or material damage to the permitted public unleased land; and (b) the likelihood that action will need to be taken in the future to repair the damage; and (c) the financial assurance considerations (if any); and Note Financial assurance considerations—see s (5). (d) any other relevant matter. R18 Public Unleased Land Act 2013 page 43 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.7 Public unleased land permits—financial assurance conditions

Section 62 (2) A financial assurance must be in the form of— (a) a bank guarantee; or (b) a bond; or (c) an insurance policy; or (d) if the director-general reasonably believes that, in the circumstances, the forms of assurance in paragraphs (a), (b) and (c) are not appropriate—another form of security that the director-general considers appropriate. (3) The director-general must not require financial assurance of an amount greater than the total amount that the director-general reasonably believes is needed to repair the damage that could result from the activity. (4) A financial assurance must be given for the period stated in the condition on the public unleased land permit. (5) The Minister may determine matters to be considered by the director-general in deciding whether to impose financial assurance conditions on public unleased land permits (financial assurance considerations). (6) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 62 Financial assurance condition—show cause (1) If the director-general proposes to impose a financial assurance condition on a public unleased land permit, the director-general must give the applicant or permit-holder written notice of the intention to impose the condition. Note For how documents may be given, see the Legislation Act, pt 19.5. page 44 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—financial assurance conditions Division 3.7

Section 63 (2) The notice must state— (a) the grounds for the proposed condition; and (b) the amount and form of the proposed financial assurance; and (c) that the applicant or permit-holder may give a written submission to the director-general showing cause why the proposed condition should not be imposed; and (d) that submissions may be given to the director-general only during the 20 working days (the show cause period) after the date of the notice. (3) The director-general must, within 20 working days after the end of the show cause period— (a) consider any submissions received under subsection (2) (d); and (b) decide whether to impose the condition; and (c) tell the applicant or permit-holder (a decision notice)— (i) about the decision; and (ii) if the condition is to be imposed—when (the due date) the financial assurance must be provided. (4) The director-general must not decide a due date that is earlier than 10 working days after the date of the decision notice. 63 Financial assurance condition—permit cancellation (1) This section applies if— (a) the director-general imposes a financial assurance condition on a public unleased land permit; and (b) the permit-holder does not provide the financial assurance— (i) in accordance with the condition; or (ii) by the due date. R18 Public Unleased Land Act 2013 page 45 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.7 Public unleased land permits—financial assurance conditions

Section 64 (2) The director-general must cancel the public unleased land permit. (3) In this section: due date—see section 62 (3) (c) (ii). 64 Financial assurance condition—claim or realisation (1) This section applies if— (a) the director-general issues a public unleased land permit subject to a financial assurance condition; and (b) the public unleased land is seriously or materially damaged because of the use of the public unleased land under the public unleased land permit; and (c) the director-general incurs, or will incur, expenses in repairing the damage to the public unleased land; and (d) the damage is the kind of harm for which the financial assurance may be claimed or realised; and (e) the damage was not permitted under this Act. (2) The director-general may recover the reasonable expenses of repairing the damage by making a claim on or realising the financial assurance. 65 Financial assurance condition—notice before claim or realisation (1) Before acting under section 64, the director-general must give the permit-holder, a written notice stating— (a) the serious or material damage caused by the use of the public unleased land; and (b) details of the action taken, or to be taken, to repair the damage; and page 46 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—financial assurance conditions Division 3.7

Section 66 (c) the amount of the financial assurance to be claimed or realised; and (d) that the permit-holder may give a written submission to the director-general showing cause why the financial assurance should not be claimed or realised as proposed; and (e) that a submission may be given to the director-general only during the 20 working days (the show cause period) after the date of the notice. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) The director-general must, within 20 working days after the end of the show cause period— (a) consider any submission received under subsection (1) (d); and (b) decide whether to make a claim on or realise the financial assurance; and (c) tell the permit-holder about the decision. 66 Financial assurance condition—recovery of extra costs (1) This section applies if— (a) the director-general makes a claim on or realises a financial assurance under a public unleased land permit; and (b) the amount recovered by the director-general (the realised assurance) is less than the reasonable expenses that the director-general incurred, or will incur, in repairing the damage. (2) The director-general may give the permit-holder written notice— (a) requiring the permit-holder to pay the stated amount, being the difference between the reasonable expenses and the realised assurance; and R18 Public Unleased Land Act 2013 page 47 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.7 Public unleased land permits—financial assurance conditions

Section 67 (b) stating when (the due date) the stated amount is required to be paid. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The director-general must not decide a due date that is earlier than 20 working days after the date of the notice. (4) If the permit-holder does not pay the stated amount on or before the due date, the amount that remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by the permit-holder. Note 1 A rate of interest may be determined under s 130 for this provision. Note 2 An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). 67 Financial assurance condition—money held by Territory If an amount of money is held by the Territory as a financial assurance, the following provisions apply: (a) interest accrues on as much of the original amount as from time to time remains unclaimed by the director-general under section 64 (Financial assurance condition—claim or realisation); Note A rate of interest may be determined under s 130 for this provision. (b) for a claim made by the director-general under section 64, the financial assurance is taken to include any accrued interest other than interest to which the permit-holder is entitled to be paid under paragraph (c); (c) during the period for which the financial assurance is required, on each anniversary of the payment of the original amount, the permit-holder is entitled to be paid by the Territory as much of the interest that accrued during the year that ended on the day before that anniversary as remains unclaimed by the director-general under section 64; page 48 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—amendment, transfer, renewal, etc Division 3.8

Section 68 (d) the amount of the original amount and accrued interest that remains unclaimed by the director-general under section 64 must be paid by the Territory to the permit-holder if— (i) the financial assurance is no longer required by the director-general; or (ii) the public unleased land permit is— (A) surrendered under section 76 (Public unleased land permit—surrender); or (B) cancelled under section 81 (Public unleased land permit—taking regulatory action). Division 3.8 Public unleased land permits— amendment, transfer, renewal, etc 68 Public unleased land permit—amendment initiated by director-general (1) The director-general may, by written notice (an amendment notice) given to a permit-holder, amend the public unleased land permit if satisfied that— (a) the permit-holder is a suitable person to hold the permit as amended; and (b) if the permit-holder is a corporation—each influential person for the permit-holder is a suitable person to hold the permit as amended; and (c) the permitted activity is a suitable activity for the permit as amended. Note 1 Suitable person, to hold a public unleased land permit—see s 46. Suitable activity, for a public unleased land permit—see s 49. Note 2 For how documents may be given, see the Legislation Act, pt 19.5. R18 Public Unleased Land Act 2013 page 49 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.8 Public unleased land permits—amendment, transfer, renewal, etc

Section 69 (2) However, the director-general may amend the public unleased land permit only if— (a) the director-general has given the permit-holder written notice (a proposal notice) of the proposed amendment; and (b) the proposal notice states that written submissions on the proposal may be made to the director-general before the end of a stated period of at least 14 days after the day the proposal notice is given to the permit-holder; and (c) after the end of the stated period, the director-general has considered any submissions made in accordance with the proposal notice. (3) Subsection (2) does not apply if the permit-holder applied for, or agreed in writing to, the amendment. (4) The amendment takes effect on the day the amendment notice is given to the permit-holder or a later day stated in the notice. 69 Public unleased land permit—application to amend permit (1) A permit-holder may apply to the director-general to amend the public unleased land permit. Note 1 If a form is approved under s 131 for an application, the form must be used. Note 2 A fee may be determined under s 130 for this provision. (2) A permit-holder must apply to the director-general for amendment of the permit if the permit-holder is a corporation and someone else (the new influential person) is to become an influential person for the permit-holder. page 50 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—amendment, transfer, renewal, etc Division 3.8

Section 70 (3) The application must— (a) be in writing; and (b) if the permit-holder is a corporation and someone else is to become an influential person for the permit-holder—include complete details of suitability information about the new influential person. Note 1 Suitability information, about a person—see s 47. Note 2 Giving false or misleading information is an offence against the Criminal Code, s 338. Note 3 If a form is approved under s 131 for this provision, the form must be used. Note 4 A fee may be determined under s 130 for this provision. 70 Public unleased land permit—decision on application to amend permit (1) This section applies if the director-general receives an application to amend a public unleased land permit under section 69. (2) The director-general may amend the permit only if satisfied that— (a) the permit-holder is a suitable person to hold the permit as amended; and (b) if the permit-holder is a corporation—each influential person for the permit-holder is a suitable person to hold the permit as amended; and (c) the permitted activity is a suitable activity for the permit as amended. Note 1 Suitable person, to hold a public unleased land permit—see s 46. Suitable activity, for a public unleased land permit—see s 49. Note 2 The director-general may require the applicant to undertake public consultation before making a decision—see s 53. R18 Public Unleased Land Act 2013 page 51 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.8 Public unleased land permits—amendment, transfer, renewal, etc

Section 70 (3) The director-general may impose or amend a condition on a public unleased land permit. (4) The director-general must, not later than the required time— (a) decide the application for amendment; and (b) tell the permit-holder about the decision on the application. (5) In this section: required time means the latest of the following: (a) if the director-general gives the applicant a personal information notice under section 48—28 days after the director-general receives the stated information; (b) if the director-general gives the applicant an activity information notice under section 51—28 days after the director-general receives the information; (c) if the director-general gives the applicant an additional approval notice under section 52—28 days after the director-general receives the approval, licence, permit or other authority; (d) if the director-general gives the applicant a public consultation notice under section 53 and receives a submission during the public consultation period—28 days after the director-general receives the submission; (e) if the director-general gives the applicant a public consultation submission notice under section 54 and receives a submission during the show cause period—28 days after the director-general receives the submission; (f) if the director-general gives the applicant a risk management plan notice under section 55—28 days after the director-general receives the risk management plan; page 52 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—amendment, transfer, renewal, etc Division 3.8

Section 71 (g) if the director-general gives the applicant an inspection notice under section 56—28 days after the director-general inspects the object; (h) 28 days after the day the director-general receives the application. Note Failure to amend a public unleased land permit within the required time is taken to be a decision not to amend the permit (see ACT Civil and Administrative Tribunal Act 2008, s 12). 71 Public unleased land permit—application to transfer permit (1) A permit-holder may apply to the director-general to transfer the public unleased land permit to someone else (the proposed new permit-holder). (2) The application must— (a) be in writing; and (b) include complete details of suitability information about— (i) the proposed new permit-holder; and (ii) if the proposed new permit-holder is a corporation—each influential person for the proposed new permit-holder. Note 1 Suitability information, about a person—see s 47. Note 2 Giving false or misleading information is an offence against the Criminal Code, s 338. Note 3 If a form is approved under s 131 for this provision, the form must be used. Note 4 A fee may be determined under s 130 for this provision. R18 Public Unleased Land Act 2013 page 53 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.8 Public unleased land permits—amendment, transfer, renewal, etc

Section 72 72 Public unleased land permit—decision on application to transfer permit (1) This section applies if the director-general receives an application to transfer a public unleased land permit under section 71. (2) The director-general may transfer the public unleased land permit to the proposed new permit-holder only if satisfied that each of the following people is a suitable person to hold the permit: (a) the proposed new permit-holder; (b) if the proposed new permit-holder is a corporation—each influential person for the proposed new permit-holder; Note Suitable person, to hold a public unleased land permit—see s 46. (3) The director-general may impose or amend a condition on a public unleased land permit. (4) The director-general must, not later than the required time— (a) decide the application for transfer; and (b) tell the permit-holder about the decision on the application. (5) In this section: required time means the latest of the following: (a) if the director-general gives the applicant a personal information notice under section 48—28 days after the director-general receives the stated information; (b) 28 days after the day the director-general receives the application. Note Failure to transfer a public unleased land permit within the required time is taken to be a decision not to transfer the public unleased land permit (see ACT Civil and Administrative Tribunal Act 2008, s 12). page 54 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—amendment, transfer, renewal, etc Division 3.8

Section 73 73 Public unleased land permit—application for renewal of permit (1) A permit-holder may apply to the director-general to renew the public unleased land permit for a period not longer than 3 years. Note 1 If a form is approved under s 131 for an application, the form must be used. Note 2 A fee may be determined under s 130 for this provision. (2) The application must be— (a) in writing; and (b) received by the director-general at least 30 days before the permit expires. (3) However, the director-general may extend the time for making an application. Note A permit-holder may apply to the director-general for the time to be extended, and the director-general may extend the time, even though the time has ended (see Legislation Act, s 151C). (4) If a permit-holder applies to renew a public unleased land permit under this section, the permit remains in force until the application is decided. 74 Public unleased land permit—decision on application for renewal of permit (1) This section applies if the director-general receives an application for renewal of a public unleased land permit under section 73. (2) The director-general may renew the public unleased land permit only if satisfied that— (a) the permit-holder continues to be a suitable person to hold the permit; and R18 Public Unleased Land Act 2013 page 55 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.8 Public unleased land permits—amendment, transfer, renewal, etc

Section 74 (b) if the permit-holder is a corporation—each influential person for the permit-holder continues to be a suitable person to hold the permit; and (c) the permitted activity continues to be a suitable activity for the permit. Note 1 Suitable person, to hold a public unleased land permit—see s 46. Suitable activity, for a public unleased land permit—see s 49. Note 2 The director-general may require the applicant to undertake public consultation before making a decision—see s 53. (3) The director-general may impose or amend a condition on a public unleased land permit. (4) The director-general must, not later than the required time— (a) decide the application for renewal; and (b) tell the permit-holder about the decision on the application. (5) In this section: required time means the latest of the following: (a) if the director-general gives the applicant a personal information notice under section 48—28 days after the director-general receives the stated information; (b) if the director-general gives the applicant an activity information notice under section 51—28 days after the director-general receives the information; (c) if the director-general gives the applicant an additional approval notice under section 52—28 days after the director-general receives the approval, licence, permit or other authority; (d) if the director-general gives the applicant a public consultation notice under section 53 and receives a submission during the public consultation period—28 days after the director-general receives the submission; page 56 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—amendment, transfer, renewal, etc Division 3.8

Section 75 (e) if the director-general gives the applicant a public consultation submission notice under section 54 and receives a submission during the show cause period—28 days after the director-general receives the submission; (f) if the director-general gives the applicant a risk management plan notice under section 55—28 days after the director-general receives the risk management plan; (g) if the director-general gives the applicant an inspection notice under section 56—28 days after the director-general inspects the object; (h) 28 days after the day the director-general receives the application. Note Failure to renew a public unleased land permit within the required time is taken to be a decision not to renew the permit (see ACT Civil and Administrative Tribunal Act 2008, s 12). 75 Public unleased land permit—replacing when lost, stolen or destroyed (1) The director-general may issue a replacement public unleased land permit to a permit-holder if satisfied that the permit-holder’s original permit has been lost, stolen or destroyed. (2) For subsection (1), the director-general may require the permit-holder to give the director-general a statement verifying that the original public unleased land permit has been lost, stolen or destroyed. Note 1 A fee may be determined under s 130 for this provision. Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). R18 Public Unleased Land Act 2013 page 57 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.8 Public unleased land permits—amendment, transfer, renewal, etc

Section 76 76 Public unleased land permit—surrender (1) A permit-holder may surrender the public unleased land permit by giving written notice (a surrender notice) of the surrender to the director-general. Note If a form is approved under s 131 for this provision, the form must be used. (2) The surrender notice must be accompanied by— (a) the permit; or (b) if the permit has been lost, stolen or destroyed—a statement verifying that the permit has been lost, stolen or destroyed. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). 77 Offence—fail to notify change of name or address (1) A person commits an offence if— (a) the person is a permit-holder; and (b) the person’s name or address changes; and (c) the person does not, within 30 days after the change, give the director-general— (i) written notice of the change; and (ii) the permit. Maximum penalty: 1 penalty unit. (2) An offence against this section is a strict liability offence. page 58 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—regulatory action Division 3.9

Section 78 78 Public unleased land permit—director-general to change name and address (1) This section applies if a permit-holder gives the director-general— (a) written notice of a change to the person’s name or address; and (b) the permit. (2) The director-general must enter the changed details on the permit and return it to the permit-holder. Division 3.9 Public unleased land permits— regulatory action 79 Public unleased land permit—grounds for regulatory action (1) Each of the following is a ground for regulatory action against a permit-holder: (a) the permit-holder gave information to the director-general in relation to an application for the issue, amendment, transfer or renewal of the permit that was false or misleading in a material particular; Note Giving false or misleading information is also an offence against the Criminal Code, s 338. (b) the permit-holder contravened a condition of the permit. (2) In this section: permit-holder includes, if the person is a corporation, each executive officer of the corporation. 80 Public unleased land permit—regulatory action Each of the following is regulatory action when taken against a permit-holder: (a) imposing a condition on, or amending a condition on, the permit; R18 Public Unleased Land Act 2013 page 59 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.9 Public unleased land permits—regulatory action

Section 81 (b) suspending the permit for a stated period or until a stated thing happens; (c) cancelling the permit; (d) cancelling the permit and disqualifying the person from applying for a public unleased land permit of that kind for a stated period or until a stated thing happens. 81 Public unleased land permit—taking regulatory action (1) If the director-general proposes to take regulatory action in relation to a permit-holder, the director-general must give the permit-holder a written notice (a show cause notice) stating— (a) details of the proposed regulatory action; and (b) the grounds for the proposed regulatory action; and (c) that the permit-holder may, not later than 14 days after the day the permit-holder is given the notice, give a written submission to the director-general about the proposed regulatory action. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) In deciding whether to take the proposed regulatory action, the director-general must consider any submission given to the director-general in accordance with the show cause notice. (3) If the director-general believes on reasonable grounds that a ground for regulatory action has been established in relation to the permit-holder, the director-general may— (a) take the regulatory action stated in the show cause notice; or (b) if the proposed regulatory action is the cancellation and disqualification mentioned in section 80 (d)— (i) cancel the permit as mentioned in section 80 (c); or (ii) suspend the person’s permit as mentioned in section 80 (b); or page 60 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—regulatory action Division 3.9

Section 82 (iii) impose a condition on, or amend a condition on, the permit as mentioned in section 80 (a); or (c) if the proposed regulatory action is the cancellation of the person’s permit as mentioned in section 80 (c)— (i) suspend the person’s permit as mentioned in section 80 (b); or (ii) impose a condition on, or amend a condition on, the permit as mentioned in section 80 (a); or (d) if the proposed regulatory action is the suspension of the person’s permit as mentioned in section 80 (b)— (i) suspend the permit for a shorter period; or (ii) impose a condition on, or amend a condition on, the permit as mentioned in section 80 (a). (4) Regulatory action under this section takes effect on— (a) the day the permit-holder is given written notice of the decision; or (b) if the written notice states a later date of effect—that date. 82 Public unleased land permit—immediate suspension (1) This section applies if— (a) the director-general gives a show cause notice under section 81 to a permit-holder; and (b) having regard to the grounds stated in the notice, the director-general believes on reasonable grounds that the person’s permit should be suspended immediately in the interests of public safety. R18 Public Unleased Land Act 2013 page 61 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.9 Public unleased land permits—regulatory action

Section 83 (2) The director-general must give the permit-holder a written notice (an immediate suspension notice) suspending the person’s permit. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The suspension of a public unleased land permit under this section takes effect when the immediate suspension notice is given to the permit-holder. (4) The suspension of a public unleased land permit under this section ends— (a) if regulatory action is taken against the person under section 81—at the earlier of the following times: (i) when the regulatory action takes effect; (ii) 30 days after the day the immediate suspension notice is given to the person; or (b) if regulatory action is not taken against the person under section 81—at the earlier of the following times: (i) when the person is given written notice of the director-general’s decision not to take regulatory action; (ii) 30 days after the day the immediate suspension notice is given to the person. 83 Public unleased land permit—effect of suspension (1) A suspended permit does not authorise the carrying on of any activity under the permit during the suspension. (2) If the director-general suspends a public unleased land permit, the permit-holder is, during the suspension— (a) taken not to hold the permit; and (b) disqualified from applying for a public unleased land permit. page 62 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public unleased land permits Part 3 Public unleased land permits—regulatory action Division 3.9

Section 84 84 Offence—fail to return amended, suspended or cancelled permits (1) A person commits an offence if— (a) the person is a permit-holder; and (b) the permit is amended, suspended or cancelled under this division; and (c) the person fails to return the permit to the director-general as soon as practicable (but not later than 7 days) after the day the person is given a reviewable decision notice under section 128 (Reviewable decision notices). Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 85 Action by director-general in relation to amended or suspended permit (1) This section applies if— (a) a public unleased land permit is amended or suspended under this part; and (b) the permit is returned to the director-general. (2) For an amended permit, the director-general must— (a) return the amended permit to the permit-holder; or (b) give the permit-holder a replacement permit that includes the amendment. (3) If a public unleased land permit is suspended under this part and the suspension ends before the end of the term of the permit, the director-general must return the permit to the permit-holder. R18 Public Unleased Land Act 2013 page 63 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Public unleased land permits Division 3.10 Public unleased land permit register

Section 86 Division 3.10 Public unleased land permit register 86 Public unleased land permit register (1) The director-general must keep a register of public unleased land permits (the permit register). (2) The register must include the following details for each permit: (a) the name of the permit-holder; (b) the location of the permitted public unleased land; (c) the permitted activity; (d) the permitted times; (e) the term of the permit; (f) the conditions on the permit; (g) anything else prescribed by regulation. (3) The register may include anything else the director-general considers relevant. (4) The register may be kept in any form, including electronically, that the director-general decides. (5) The register may be kept in 1 or more parts, as the director-general considers appropriate. 87 Correction and keeping up-to-date register (1) The director-general may correct a mistake, error or omission in the permit register. (2) The director-general may change a detail included in the register to keep the register up-to-date. page 64 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 General Division 4.1

Section 88 Part 4 Enforcement Division 4.1 General 88 Definitions—pt 4 In this part: connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. occupier, of premises, includes— (a) a person believed on reasonable grounds to be an occupier of the premises; and (b) a person apparently in charge of the premises. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed. warrant means a warrant issued under division 4.6 (Search warrants). Division 4.2 Authorised people 89 Authorised people (1) The director-general may appoint a public servant as an authorised person for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). R18 Public Unleased Land Act 2013 page 65 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.2 Authorised people

Section 90 (2) Also, an investigator under the Fair Trading (Australian Consumer Law) Act 1992 is an authorised person for this Act. 90 Identity cards (1) This section applies in relation to an authorised person appointed under section 89 (1). Note An authorised person who is an investigator is issued with an identity card under the Fair Trading (Australian Consumer Law) Act 1992, s 37. (2) The director-general must give an authorised person an identity card stating the person’s name and that the person is an authorised person. (3) The identity card must show— (a) a recent photograph of the authorised person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (4) A person commits an offence if the person— (a) stops being an authorised person; and (b) does not return the person’s identity card to the director-general as soon as practicable (but not later than 7 days) after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (5) Subsection (3) does not apply to a person if the person’s identity card has been— (a) lost or stolen; or (b) destroyed by someone else. Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58). (6) An offence against this section is a strict liability offence. page 66 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Directions etc Division 4.3

Section 91 91 Power not to be exercised before identity card shown (1) This section applies in relation to an authorised person appointed under section 89 (1). Note For an authorised person who is an investigator, see the Fair Trading (Australian Consumer Law) Act 1992, s 38 (Power not to be exercised before identity card shown). (2) The authorised person may exercise a power under a territory law in relation to a person only if the authorised person first shows the person the authorised person’s identity card. Division 4.3 Directions etc Subdivision 4.3.1 General directions 92 Direction to give name and address (1) This section applies if a police officer or authorised person believes on reasonable grounds that a person— (a) has committed, is committing or is about to commit an offence against this Act; or (b) may be able to assist in the investigation of an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The police officer or authorised person may direct the person to give the police officer or authorised person, immediately, any of the following personal details: (a) the person’s full name; (b) the person’s home address. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). R18 Public Unleased Land Act 2013 page 67 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.3 Directions etc

Section 93 (3) The person may ask the authorised person to produce the authorised person’s identity card for inspection by the person. (4) If the police officer or authorised person believes on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the police officer or authorised person may direct the person to produce evidence immediately of the correctness of the detail. (5) If an authorised person gives a direction under this section to a person, the authorised person must tell the person that it is an offence if the person fails to comply with the direction. 93 Offence—fail to comply with direction to give name and address (1) A person commits an offence if the person— (a) is subject to a direction under section 92 (2); and (b) fails to comply with the direction. Maximum penalty: 5 penalty units. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). (2) An offence against this section is a strict liability offence. (3) This section does not apply to a person if the authorised person did not produce the authorised person’s identity card for inspection by the person if asked. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) This section does not apply to a person if the police officer or authorised person did not, before giving the direction, warn the person that failure to comply with the direction is an offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). page 68 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Directions etc Division 4.3

Section 94 94 Direction to produce approval, permit or insurance policy (1) A police officer or authorised person may direct— (a) an approval-holder to produce the approval; or (b) a permit-holder to produce— (i) the permit; and (ii) if the permit includes a financial assurance condition requiring the permit-holder to hold a stated kind of insurance policy—the insurance policy. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). (2) The direction must be in writing and state— (a) the approval, permit or policy to be produced; and (b) where and to whom the approval, permit or policy is to be produced; and (c) when the direction must be complied with. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). (3) The police officer or authorised person may do 1 or more of the following: (a) inspect the approval, permit or policy produced; (b) make copies of, or take extracts from the approval, permit or policy produced; (c) seize and remove the approval, permit or policy produced if the officer or person believes on reasonable grounds that it may provide evidence of an offence against this Act. R18 Public Unleased Land Act 2013 page 69 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.3 Directions etc

Section 95 (4) In this section: approval-holder means a person who holds— (a) closed road approval; or (b) a work approval; or (c) a sign approval. 95 Offence—fail to comply with direction to produce approval, permit or insurance policy (1) A person commits an offence if the person— (a) is subject to a direction under section 94; and (b) fails to comply with the direction. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. (3) This section does not apply to a person if the person has a reasonable excuse for failing to comply with the direction. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). 96 Direction to leave permitted public unleased land (1) This section applies if a police officer or authorised person believes on reasonable grounds that— (a) a person is using an area of public unleased land at a particular time; and (b) someone else (the permit-holder) holds a public unleased land permit to exclusively use the area at the time; and (c) the person is using the area without the consent of the permit-holder. page 70 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Directions etc Division 4.3

Section 97 (2) The police officer or authorised person may direct the person to leave the area of permitted public unleased land during the permitted times. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). (3) A direction must be in writing and state— (a) the area of permitted public unleased land; and (b) the permitted times. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). (4) If a police officer or authorised person gives a direction to a person, the police officer or authorised person must tell the person that it is an offence if the person fails to comply with the direction. 97 Offence—fail to comply with direction to leave permitted public unleased land (1) A person commits an offence if the person— (a) is subject to a direction under section 96 (2); and (b) fails to comply with the direction. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. (3) This section does not apply to a person if the police officer or authorised person did not, before giving the direction, warn the person that failure to comply with the direction is an offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). R18 Public Unleased Land Act 2013 page 71 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.3 Directions etc

Section 98 98 Direction to remove objects from public unleased land (1) This section applies if a person uses public unleased land by placing an object on the public unleased land. Note Use, public unleased land—see s 41. (2) However, this section does not apply if— (a) the placement is authorised under an approval or public unleased land permit under this Act; or Example—approval that may authorise placement 1 closed road approval 2 work approval (b) the placement is authorised under another territory law; or (c) if the object is a vehicle— (i) the vehicle is parked on a road or road related area in a way that does not contravene the Road Transport (Safety and Traffic Management) Act 1999; or (ii) an authorised person has reasonable grounds for believing that the vehicle has been abandoned. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (3) A police officer or authorised person may direct (a removal direction) the person to remove the object. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). (4) A removal direction must be in writing and state— (a) the public unleased land; and (b) the object to be removed; and page 72 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Directions etc Division 4.3

Section 98 (c) when the direction must be complied with (the due date), being a day at least— (i) if the object is a vehicle—2 days after the direction is given to the person; or (ii) in any other case—7 days after the direction is given to the person; and (d) that, if the object is not removed by the due date— (i) the person may be committing an offence under section 99 (Offence—fail to comply with removal direction); and (ii) the object may be removed and disposed of under section 105 (Removal of objects by Territory) and section 106 (Disposal of objects by Territory). (5) A removal direction may be given to a person by securely attaching the direction to the object in a conspicuous place. (6) To remove any doubt, a removal direction given to a person in the way mentioned in subsection (5) is taken to be given to the person on the day the direction is attached to the object. (7) In this section: park—see the Road Transport (Road Rules) Regulation 2017, dictionary. road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. road related area—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. R18 Public Unleased Land Act 2013 page 73 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.3 Directions etc

Section 99 99 Offence—fail to comply with removal direction (1) A person commits an offence if the person— (a) is subject to a removal direction; and (b) fails to comply with the direction. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 99A Offence—hawkers obstructing or endangering public (1) A person commits an offence if— (a) the person uses public unleased land to carry on business as a hawker; and (b) the person— (i) hinders or obstructs the free movement of people or vehicles in public unleased land; or (ii) endangers the safety of members of the public in public unleased land. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Subdivision 4.3.2 Urgent action 100 Director-general’s directions (1) This section applies if the director-general believes on reasonable grounds that there is, or is likely to be— (a) either— (i) a breach of a public unleased land permit; or (ii) another contravention of this Act; and page 74 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Directions etc Division 4.3

Section 100 (b) the breach or other contravention is causing, or is likely to cause— (i) undue disturbance, inconvenience or offence to people lawfully at adjacent or nearby places; or (ii) undue risk to people or property. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The director-general may direct (a director-general’s direction) 1 or more of the following people to take action to prevent the breach or other contravention: (a) a permit-holder; (b) an employee of a permit holder; (c) a person working at the permitted place. Example—director-general’s direction to reduce loud noise coming from the permitted public unleased land (3) A director-general’s direction must— (a) be in writing; and (b) either— (i) state— (A) the action to be taken; and (B) when the direction must be complied with; or (ii) state— (A) the conduct not to be undertaken; and (B) how long the direction is in force. R18 Public Unleased Land Act 2013 page 75 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.3 Directions etc

Section 101 (4) A director-general’s direction must not state a day or time for compliance that is earlier than the day or time the person is given the director-general’s direction. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). 101 Offence—fail to comply with director-general’s direction (1) A person commits an offence if— (a) the person is subject to a director-general’s direction; and (b) the person fails to take reasonable steps to comply with the direction. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. 102 Emergency closure of permitted place (1) A senior police officer may order a permit-holder to close a permitted place (an emergency closure order) if the officer believes on reasonable grounds that— (a) a breach of this Act has happened, or is likely to happen; and (b) the closure of the place is necessary to prevent or reduce undue risk to people or property. (2) If an emergency closure order is made under subsection (1), a police officer must, in writing, tell the permit-holder— (a) the name of the senior police officer making the order; and (b) when the order starts; and (c) when the order ends. Note An emergency closure notice for the emergency closure order must be given to the permit-holder as soon as practicable after the order is made (see s 103). page 76 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Directions etc Division 4.3

Section 103 (3) If an emergency closure order is in force for a permitted place, the permit is suspended for the period of the order. 103 Emergency closure notice (1) If a senior police officer makes an emergency closure order for a permitted place, the officer must, as soon as practicable, give a notice (an emergency closure notice) to the permit-holder. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) An emergency closure notice must— (a) be in writing; and (b) state— (i) the date of issue of the notice; and (ii) when the order starts; and (iii) when the order ends; and (iv) the breach of this Act that the senior police officer believes has happened or is likely to happen; and (v) the grounds for the officer’s belief; and (c) be signed by the senior police officer. (3) The senior police officer must also— (a) keep a record of the emergency closure notice in the police records; and (b) give a copy of the notice to the director-general. 104 Offence—fail to comply with emergency closure order (1) A person commits an offence if— (a) the person is a permit-holder; and (b) an emergency closure order is in force for the person; and R18 Public Unleased Land Act 2013 page 77 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.4 Removal and disposal of objects on public unleased land by Territory

Section 105 (c) the person fails to comply with the emergency closure order. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Division 4.4 Removal and disposal of objects on public unleased land by Territory 105 Removal of objects by Territory (1) This section applies if— (a) a person— (i) is subject to a removal direction for an object; and Note Removal direction—see s 98 (3). (ii) fails to comply with the direction; or (b) an object is on public unleased land and an authorised person reasonably believes that the object is— (i) abandoned; or (ii) causing an obstruction or hazard for people on or near the public unleased land. Note If an authorised person reasonably believes that a vehicle on public unleased land is causing an obstruction or hazard, the authorised person may give the owner a removal direction for the vehicle. (2) However, this section does not apply if— (a) the object is a vehicle; and (b) an authorised person has reasonable grounds for believing that the vehicle has been abandoned. (3) An authorised person may move the object to a retention area. page 78 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Removal and disposal of objects on public unleased land by Territory Division 4.4

Section 105A 105A Removal of non-compliant electoral advertising signs by Territory (1) This section applies if— (a) a person places an electoral advertising sign on public unleased land; and (b) either— (i) the person fails to comply with the movable signs code of practice; or (ii) the sign does not comply with the movable signs code of practice. (2) An authorised person may remove the electoral advertising sign to a retention area. (3) If an authorised person removes an electoral advertising sign to a retention area, the authorised person must as soon as practicable take reasonable steps to give the owner of the sign a written notice stating— (a) that the sign has been moved to a retention area; and (b) when and where the sign may be collected; and (c) that, if the owner does not collect the sign within 7 days after the notice is given to the owner, the sign may be disposed of under the Uncollected Goods Act 1996. Note A decision under s (2) is a reviewable decision. A notice under s (3) must include requirements prescribed under the ACT Civil and Administrative Tribunal Act 2008 for a reviewable decision notice. (4) To remove any doubt, the authorised person may remove the electoral advertising sign without giving the person a removal direction under section 98. R18 Public Unleased Land Act 2013 page 79 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.4 Removal and disposal of objects on public unleased land by Territory

Section 106 (5) In this section: authorised person includes a police officer. electoral advertising sign—see section 28 (4). owner, for an electoral advertising sign that states it is authorised by a person, means the person. 106 Disposal of objects by Territory (1) If an object is moved to a retention area under section 105 or section 105A— (a) the object is taken to be uncollected goods under the Uncollected Goods Act 1996; and (b) the director-general is taken to be the possessor of the goods for that Act; and (c) the director-general may dispose of the goods under that Act, part 3 (Disposal of uncollected goods); and (d) for that Act, section 26 (2) (a) (Claim by owner before disposal) and section 30 (1) (a) (Proceeds of sale), the reasonable costs incurred by the director-general in complying with that Act are taken to include the cost of removing the object from the public unleased land to the retention area. (2) However, if the object is a vehicle— (a) the director-general must give the registered operator of the vehicle a written notice (a retention notice) stating— (i) that the vehicle has been moved to a retention area; and (ii) when and where the vehicle may be collected; and page 80 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Powers of authorised people Division 4.5

Section 107 (iii) that, if the registered operator does not collect the vehicle within 7 days after the retention notice is given to the registered operator, the vehicle may be disposed of under the Uncollected Goods Act 1996; and Note For how documents may be given, see the Legislation Act, pt 19.5. (b) the vehicle is taken to be uncollected goods under subsection (1) (a) only if the vehicle has not been collected within 7 days after the day the retention notice is given to the registered operator. Division 4.5 Powers of authorised people 107 Power to enter premises (1) For this Act, an authorised person may— (a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or (b) at any time when the premises are open for business, enter the premises; or (c) at any time, enter premises with the occupier’s consent; or (d) enter premises in accordance with a public unleased land permit condition; or (e) enter premises in accordance with a search warrant; or (f) at any time, enter premises if the authorised person believes on reasonable grounds that the circumstances are so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary. (2) However, subsection (1) (a) and (b) do not authorise entry into a part of premises that is being used only for residential purposes. R18 Public Unleased Land Act 2013 page 81 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.5 Powers of authorised people

Section 108 (3) An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises. (4) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge. (5) In this section: at any reasonable time includes at any time when the public is entitled to use the premises, or when the premises are open to or used by the public (whether or not on payment of money). 108 Production of identity card (1) An authorised person must not remain at premises entered under this part if the authorised person does not produce his or her identity card when asked by the occupier. (2) A police officer must not remain at premises entered under this part if the officer does not produce evidence that the officer is a police officer when asked by the occupier. 109 Consent to entry (1) When seeking the consent of an occupier of premises to enter premises under section 107 (1) (c), an authorised person must— (a) either— (i) if the person is an authorised person—produce his or her identity card; or (ii) if the person is a police officer—produce evidence that he or she is a police officer; and (b) tell the occupier— (i) the purpose of the entry; and page 82 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Powers of authorised people Division 4.5

Section 110 (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (3) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry. 110 General powers on entry to premises (1) An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises: (a) inspect or examine; R18 Public Unleased Land Act 2013 page 83 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.5 Powers of authorised people

Section 111 (b) take measurements or conduct tests; (c) take samples; (d) take photographs, films, or audio, video or other recordings; (e) require the occupier, or anyone at the premises, to give the authorised person reasonable help to exercise a power under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (e). Maximum penalty: 20 penalty units. 111 Power to seize things (1) An authorised person who enters premises under this part with the occupier’s consent may seize anything at the premises if— (a) the authorised person is satisfied on reasonable grounds that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (2) An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant. (3) An authorised person who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that— (a) the thing is connected with an offence against this Act; and (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or page 84 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Search warrants Division 4.6

Section 112 (ii) used to commit, continue or repeat the offence. (4) Also, an authorised person who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that the thing poses a risk to the health or safety of people or of damage to property or the environment. (5) The powers of an authorised person under subsections (3) and (4) are additional to any powers of the authorised person under subsections (1) or (2) or any other territory law. (6) Having seized a thing, an authorised person may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (7) A person commits an offence if— (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6); and (b) the person does not have an authorised person’s approval to interfere with the thing. Maximum penalty: 20 penalty units. (8) An offence against this section is a strict liability offence. Division 4.6 Search warrants 112 Warrants generally (1) An authorised person may apply to a magistrate for a warrant to enter premises. (2) The application must be sworn and state the grounds on which the warrant is sought. R18 Public Unleased Land Act 2013 page 85 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.6 Search warrants

Section 113 (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence against this Act; and (b) the thing or activity— (i) is, or is being engaged in, at the premises; or (ii) may be, or may be engaged in, at the premises within the next 7 days. (5) The warrant must state— (a) that an authorised person may, with any necessary assistance and force, enter the premises and exercise the authorised person’s powers under this part; and (b) the offence for which the warrant is issued; and (c) the things that may be seized under the warrant; and (d) the hours when the premises may be entered; and (e) the date, within 7 days after the day of the warrant’s issue, the warrant ends. 113 Warrants—application made other than in person (1) An authorised person may apply for a warrant by phone, fax, email, radio or other form of communication if the authorised person considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. page 86 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Search warrants Division 4.6

Section 113 (2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately provide a written copy to the authorised person if it is practicable to do so. (5) If it is not practicable to provide a written copy to the authorised person— (a) the magistrate must tell the authorised person— (i) the terms of the warrant; and (ii) the date and time the warrant was issued; and (b) the authorised person must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person’s powers under this part. (7) The authorised person must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the authorised person completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. R18 Public Unleased Land Act 2013 page 87 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.6 Search warrants

Section 114 (9) A court must find that a power exercised by the authorised person was not authorised by a warrant under this section if— (a) the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section. 114 Search warrants—announcement before entry (1) An authorised person must, before anyone enters premises under a search warrant— (a) announce that the authorised person is authorised to enter the premises; and (b) give anyone at the premises an opportunity to allow entry to the premises; and (c) if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify himself or herself to the person. (2) The authorised person is not required to comply with subsection (1) if the authorised person believes on reasonable grounds that immediate entry to the premises is required to ensure— (a) the safety of anyone (including the authorised person or any person assisting); or (b) that the effective execution of the warrant is not frustrated. page 88 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Return and forfeiture of things seized Division 4.7

Section 115 115 Details of search warrant to be given to occupier etc If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the authorised person or a person assisting must make available to the person— (a) a copy of the warrant; and (b) a document setting out the rights and obligations of the person. 116 Occupier entitled to be present during search etc (1) If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted. (2) However, the person is not entitled to observe the search if— (a) to do so would impede the search; or (b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time. Division 4.7 Return and forfeiture of things seized 117 Receipt for things seized (1) As soon as practicable after an authorised person seizes a thing under this part, the authorised person must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must leave the receipt, secured conspicuously, at the place of seizure under section 111 (Power to seize things). R18 Public Unleased Land Act 2013 page 89 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.7 Return and forfeiture of things seized

Section 118 (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the authorised person’s name, and how to contact the authorised person; (d) if the thing is moved from the premises where it is seized— where the thing is to be taken. Note If a form is approved under s 131 for this provision, the form must be used. 118 Moving things to another place for examination or processing under search warrant (1) A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates; (ii) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises agrees in writing. (2) The thing may be moved to another place for examination or processing for not longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the authorised person believes on reasonable grounds that the thing cannot be examined or processed within 72 hours. page 90 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Return and forfeiture of things seized Division 4.7

Section 119 (4) The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. (5) If a thing is moved to another place under this section, the authorised person must, if practicable— (a) tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the occupier or the occupier’s representative to be present during the examination or processing. (6) The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section. 119 Access to things seized A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may— (a) inspect it; and (b) if it is a document—take extracts from it or make copies of it. 120 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, unless— (a) a prosecution for an offence against a territory law in connection with the thing is begun within 1 year after the day the seizure is made and the thing is required to be produced in evidence in the prosecution; or R18 Public Unleased Land Act 2013 page 91 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.7 Return and forfeiture of things seized

Section 121 (b) an application for the forfeiture of the seized thing is made to a court under the Confiscation of Criminal Assets Act 2003 or another territory law within 1 year after the day the seizure is made; or (c) all proceedings in relation to the offence with which the seizure was connected have ended and the court has not made an order about the thing. (2) However, this section does not apply to a thing— (a) if the director-general believes on reasonable grounds that the only practical use of the thing in relation to the premises where it was seized would be an offence against this Act; or (b) if possession of it by its owner would be an offence. 121 Forfeiture of seized things (1) This section applies if— (a) anything seized under this part has not been returned under section 120; and (b) an application for disallowance of the seizure under section 123— (i) has not been made within 10 days after the day of the seizure; or (ii) has been made within the 10-day period, but the application has been refused or withdrawn before a decision in relation to the application had been made. (2) If this section applies to the seized thing— (a) it is forfeited to the Territory; and (b) it may be sold, destroyed or otherwise disposed of as the director-general directs. page 92 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Return and forfeiture of things seized Division 4.7

Section 122 122 Power to destroy unsafe things (1) This section applies to anything inspected or seized under this part by an authorised person if the authorised person is satisfied on reasonable grounds that the thing poses a risk to the health or safety of people or of damage to property or the environment. (2) The authorised person may direct a person in charge of the premises where the thing is to destroy or otherwise dispose of the thing. (3) The direction may state 1 or more of the following: (a) how the thing must be destroyed or otherwise disposed of; (b) how the thing must be kept until it is destroyed or otherwise disposed of; (c) the period within which the thing must be destroyed or otherwise disposed of. (4) A person in charge of the premises where the thing is commits an offence if the person contravenes a direction given to the person under subsection (2). Maximum penalty: 20 penalty units. (5) Alternatively, if the thing has been seized under this part, the authorised person may destroy or otherwise dispose of the thing. (6) Costs incurred by the Territory in relation to the disposal of a thing under subsection (5) are a debt owing to the Territory by, and are recoverable together and separately from, the following people: (a) the person who owned the thing; (b) each person in control of the premises where the thing was. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). (7) An offence against this section is a strict liability offence. R18 Public Unleased Land Act 2013 page 93 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.7 Return and forfeiture of things seized

Section 123 123 Application for order disallowing seizure (1) A person claiming to be entitled to anything seized under this part may apply to the Magistrates Court within 10 days after the day of the seizure for an order disallowing the seizure. (2) The application may be heard only if the applicant has served a copy of the application on the director-general. (3) The director-general is entitled to appear as respondent at the hearing of the application. 124 Order for return of seized thing (1) This section applies if a person claiming to be entitled to anything seized under this part applies to the Magistrates Court under section 123 for an order disallowing the seizure. (2) The Magistrates Court must make an order disallowing the seizure if satisfied that— (a) the applicant would, apart from the seizure, be entitled to the return of the seized thing; and (b) the thing is not connected with an offence against this Act; and (c) possession of the thing by the person would not be an offence. (3) The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order. (4) If the Magistrates Court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders: (a) an order directing the director-general to return the thing to the applicant or to someone else who appears to be entitled to it; page 94 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Enforcement Part 4 Enforcement—miscellaneous Division 4.8

Section 125 (b) if the thing cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation; (c) an order about the payment of costs in relation to the application. Division 4.8 Enforcement—miscellaneous 125 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take all reasonable steps to ensure that the person causes as little inconvenience, detriment and damage as practicable. (2) If an authorised person damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes on reasonable grounds is the owner of the thing. (3) The notice must state that— (a) the person may claim compensation from the Territory if the person suffers loss or expense because of the damage; and (b) compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction; and (c) the court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises. R18 Public Unleased Land Act 2013 page 95 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement Division 4.8 Enforcement—miscellaneous

Section 126 126 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. page 96 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Notification and review of decisions Part 5

Section 127 Part 5 Notification and review of decisions 127 What is a reviewable decision?—pt 5 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 128 Reviewable decision notices If the director-general makes a reviewable decision, the director-general must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The director-general must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for a reviewable decision notice are prescribed under the ACT Civil and Administrative Tribunal Act 2008. 129 Applications for review The following may apply to the ACAT for a review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. R18 Public Unleased Land Act 2013 page 97 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Miscellaneous

Section 130 Part 6 Miscellaneous 130 Determination of fees etc (1) The Minister may determine— (a) fees for this Act; and (b) the annual percentage rate at which interest payable under section 66 (4) (Financial assurance condition—recovery of extra costs) is to be calculated; and (c) the annual percentage rate at which interest accruing under section 67 (a) (Financial assurance condition—money held by Territory) is to be calculated. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees, charges and other amounts (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 131 Approved forms (1) The director-general may approve forms for this Act. (2) If the director-general approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 132 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. page 98 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Reviewable decisions Schedule 1 Schedule 1 Reviewable decisions (see pt 5) column 1 column 2 column 3 column 4 item section decision entity 1 12 (4) refuse to issue closed road approval applicant for approval 2 12 (5) impose condition on closed road approval applicant for approval 3 15 (2) issue drainage direction person directed 4 19 (5) refuse to issue work approval applicant for approval 5 19 (6) impose condition on work approval applicant for approval 6 21 (2) issue repair damage direction person directed 7 25 (4) refuse to issue sign approval applicant for approval 8 25 (6) impose condition on sign approval applicant for approval 9 31 (2) issue plant pruning direction person directed 10 34 (2) issue plant removal direction person directed 11 57 (2) refuse to issue public unleased land permit applicant for permit 12 57 (4) issue public unleased land permit—impose permit-holder condition 13 61 (1) impose financial assurance condition on permit-holder public unleased land permit 14 66 decision to claim a financial assurance permit-holder 15 68 (1) amend public unleased land permit permit-holder 16 70 (2) refuse to amend public unleased land permit-holder permit 17 70 (3) amend public unleased land permit— permit-holder impose or amend condition 18 72 (2) refuse to transfer public unleased land permit-holder permit proposed new permit-holder R18 Public Unleased Land Act 2013 page 99 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Schedule 1 Reviewable decisions column 1 column 2 column 3 column 4 item section decision entity 19 72 (3) transfer public unleased land permit— proposed new impose or amend condition permit-holder 20 74 (2) refuse to renew public unleased land permit permit-holder 21 74 (3) renew public unleased land permit— permit-holder impose or amend condition 22 81 (3) take regulatory action permit-holder 23 82 (2) immediately suspend public unleased land permit-holder permit 24 98 (3) issue removal direction person directed 25 100 (2) issue director-general’s direction person directed 26 105A (2) remove electoral advertising sign owner of sign page 100 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • Act • corporation • Corporations Act • director-general (see s 163) • police officer • reviewable decision notice • territory land • working day. activity information notice, for part 3 (Public unleased land permits)—see section 51 (Suitability of activities—further information about activity). additional approval notice, for part 3 (Public unleased land permits)—see section 52 (2) (Suitability of activities—other approvals). authorised person means an authorised person mentioned in section 89 (Authorised people). carries on business as a hawker—see section 9A. closed road—see section 11 (1) (Director-general may temporarily close public roads). closed road approval—see section 12 (1) (Approval to use closed road). connected, for part 4 (Enforcement)—see section 88. conservator—see the Nature Conservation Act 2014, dictionary. damage a protected tree—see the Urban Forest Act 2023, section 14. R18 Public Unleased Land Act 2013 page 101 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary director-general’s direction—see section 100 (2). drainage direction—see section 15 (2) (Directions to construct surface water drains). emergency closure order—see section 102 (1) (Emergency closure of permitted place). financial assurance condition, on a public unleased land permit— see section 60. ground for regulatory action, against a permit-holder, for division 3.9 (Public unleased land permits—regulatory action)—see section 79. influential person, for a corporation, for part 3 (Public unleased land permits)—see section 42. inspection notice, for part 3 (Public unleased land permits)—see section 56 (2) (Suitability of activities—inspection of object). land sublease—see the Planning Act 2023, dictionary. leased land, for division 2.6 (Trees and other plants affecting public unleased land)—see the Urban Forest Act 2023, dictionary. location plan, for part 3 (Public unleased land permits)—see section 45 (Public unleased land permit—application). movable signs code of practice—see section 27 (Movable signs code of practice). object includes any item of movable personal property. occupier— (a) of leased territory land, for division 2.7 (Graffiti visible from public unleased land)—see section 37; and (b) of premises, for part 4 (Enforcement)—see section 88. offence, for part 4 (Enforcement)—see section 88. page 102 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary on, public unleased land, includes in, at or across the public unleased land. owner–– (a) of land, means the lessee of the land (or for land under a land sublease, the sublessee); and (b) of a vehicle, includes anyone who has a legal right to move the vehicle. permit means a public unleased land permit. permit-holder means a person who is the holder of a permit. permit register, for division 3.10 (Public unleased land permit register)—see section 86 (1). permitted activity—see section 40 (What is a public unleased land permit?). permitted public unleased land—see section 40 (What is a public unleased land permit?). permitted time—see section 40 (What is a public unleased land permit?). personal information notice, for part 3 (Public unleased land permits)—see section 48 (Suitability of people—further information about people). plant pruning direction—see section 31 (Direction to prune tree etc overhanging public unleased land). plant removal direction—see section 34 (Direction to remove tree etc endangering public on unleased land). premises includes land, structure, vehicle or boat. proposed new permit holder—see section 71 (1) (Public unleased land permit—application to transfer permit). protected tree—see the Urban Forest Act 2023, section 9. R18 Public Unleased Land Act 2013 page 103 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary public consultation notice, for part 3 (Public unleased land permits)—see section 53 (2) (Suitability of activities—public consultation). public consultation period, for part 3 (Public unleased land permits)—see section 53 (3) (a) (iv) (Suitability of activities—public consultation). public consultation submission notice, for part 3 (Public unleased land permits)—see section 54 (2) (Suitability of activities—public consultation submissions). public road—see section 9. public unleased land—see section 8. public unleased land permit—see section 40. registered operator––see the Road Transport (Vehicle Registration) Act 1999, dictionary. Note A reference to the registered operator includes each registered operator (see Road Transport (Vehicle Registration) Act 1999, s 29). registered tree, for division 2.6 (Trees and other plants affecting public unleased land)—see the Urban Forest Act 2023, section 10. regulatory action—see section 80. removal direction—see section 98 (3) (Direction to remove objects from public unleased land). repair damage direction—see section 21 (2) (Directions to repair damage to public unleased land). reserve—see the Nature Conservation Act 2014, section 169. Note Reserves include wilderness areas, national parks, nature reserves, catchment areas and other areas of public land. retention area, for division 4.4 (Removal and disposal of objects on public unleased land by Territory)—see the Uncollected Goods Act 1996, dictionary. page 104 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary reviewable decision, for part 5 (Notification and review of decisions)—see section 127. risk management plan notice, for part 3 (Public unleased land permits)—see section 55 (2) (Suitability of activities—risk management plan). show cause period, for part 3 (Public unleased land permits)—see section 54 (3) (b) (ii) (Suitability of activities—public consultation submissions). sign, on public unleased land—see section 24. sign approval—see section 25 (1) (Approval to place sign on public unleased land). suitability information— (a) about a person—see section 47; and (b) about an activity—see section 50. suitable activity, for a public unleased land permit—see section 49. suitable person, to hold a public unleased land permit—see section 46. tree damaging activity approval, for division 2.6 (Trees and other plants affecting public unleased land)—see section 30. use, public unleased land, for part 3 (Public unleased land permits)— see section 41. vehicle—see the Road Transport (General) Act 1999, dictionary. warrant, for part 4 (Enforcement)—see section 88. wilderness area—see the Nature Conservation Act 2014, section 170. work, on public unleased land—see section 18. work approval—see section 19. R18 Public Unleased Land Act 2013 page 105 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired page 106 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Legislation history 3 3 Legislation history Public Unleased Land Act 2013 A2013-3 notified LR 21 February 2013 s 1, s 2 commenced 21 February 2013 (LA s 75 (1)) remainder commenced 1 July 2013 (s 2 and CN2013-9) as amended by Territory and Municipal Services Legislation Amendment Act 2014 A2014-32 pt 5 notified LR 20 August 2014 s 1, s 2 commenced 20 August 2014 (LA s 75 (1)) pt 5 commenced 21 August 2014 (s 2) Red Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 10 notified LR 6 November 2014 s 1, s 2 commenced 6 November 2014 (LA s 75 (1)) pt 10 commenced 7 November 2014 (s 2) Nature Conservation Act 2014 A2014-59 sch 2 pt 2.13 notified LR 11 December 2014 s 1, s 2 commenced 11 December 2014 (LA s 75 (1)) sch 2 pt 2.13 commenced 11 June 2015 (s 2 (1) and LA s 79) Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015-19 pt 17 notified LR 11 June 2015 s 1, s 2 commenced 11 June 2015 (LA s 75 (1)) pt 17 commenced 1 July 2015 (s 2 and CN2015-9) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.57, sch 3 pt 3.3 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.57, sch 3 pt 3.3 commenced 14 October 2015 (s 2) Red Tape Reduction Legislation Amendment Act 2016 A2016-18 sch 3 pt 3.37, sch 4 pt 4.7 notified LR 13 April 2016 s 1, s 2 commenced 13 April 2016 (LA s 75 (1)) sch 3 pt 3.37, sch 4 pt 4.7 commenced 27 April 2016 (s 2) R18 Public Unleased Land Act 2013 page 107 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 3 Legislation history Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.24 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 3 pt 3.24 commenced 9 March 2017 (s 2) Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 pt 15 notified LR 17 May 2017 s 1, s 2 commenced 17 May 2017 (LA s 75 (1)) pt 15 commenced 30 April 2018 (s 2 (2) (a) and see Road Transport (Road Rules) Regulation 2017 SL2017-43 s 2) Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.31 notified LR 25 September 2018 s 1, s 2 commenced 25 September 2018 (LA s 75 (1)) sch 1 pt 1.31 commenced 23 October 2018 (s 2 (4)) Litter Legislation Amendment Act 2019 A2019-39 pt 4 notified LR 31 October 2019 s 1, s 2 commenced 31 October 2019 (LA s 75 (1)) pt 4 commenced 1 November 2019 (s 2 (1)) Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.20 notified LR 31 October 2019 s 1, s 2 commenced 31 October 2019 (LA s 75 (1)) sch 3 pt 3.20 commenced 14 November 2019 (s 2 (1)) Electoral Legislation Amendment Act 2020 A2020-28 pt 3 notified LR 8 July 2020 s 1, s 2 commenced 8 July 2020 (LA s 75 (1)) pt 3 commenced 9 July 2020 (s 2 (1)) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.54 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.54 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10) page 108 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Legislation history 3 Electoral and Road Safety Legislation Amendment Act 2023 A2023-43 pt 3 notified LR 15 November 2023 s 1, s 2 commenced 15 November 2023 (LA s 75 (1)) pt 3 commenced 29 November 2023 (s 2 (1)) Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.8 notified LR 11 December 2023 s 1, s 2 commenced 11 December 2023 (LA s 75 (1)) sch 1 pt 1.8 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2) R18 Public Unleased Land Act 2013 page 109 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 4 Amendment history 4 Amendment history Commencement s2 om LA s 89 (4) Meaning of carries on business as a hawker s 9A hdg sub A2017-4 amdt 3.163 s 9A ins A2015-33 amdt 3.3 Director-general may fix or change public road levels s 10 am A2015-33 amdt 1.202; amdt 1.203 Director-general may temporarily close public roads s 11 am A2015-33 amdt 1.204 Approval to use closed road s 12 am A2017-4 amdt 3.167 Approval to carry out work on public unleased land s 19 am A2014-59 amdt 2.96; ss renum R4 LA; A2017-4 amdt 3.167; A2023-52 amdts 1.45-1.47 Directions to repair damage to public unleased land s 21 am A2014-59 amdt 2.97 Approval to place sign on public unleased land s 25 am A2017-4 amdt 3.167 Offence—place fixed sign on public unleased land without approval s 26 hdg sub A2014-32 s 10 s 26 am A2014-32 s 11 Offence—fail to comply with code of practice s 28 am A2023-43 s 84, s 85; ss renum R17 LA Definitions—div 2.6 s 30 sub A2023-52 amdt 1.48 def damage om A2023-52 amdt 1.48 def leased land ins A2023-52 amdt 1.48 def registered tree sub A2023-52 amdt 1.48 def tree damaging activity approval ins A2023-52 amdt 1.48 def tree protection approval om A2023-52 amdt 1.48 Direction to prune tree etc overhanging public unleased land s 31 am A2019-42 amdt 3.98; A2023-52 amdts 1.49-1.51 Direction to remove tree etc endangering public on public unleased land s 34 am A2023-52 amdts 1.52-1.54 Graffiti removal from property on leased territory land s 38 am A2017-4 amdt 3.167 page 110 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Amendment history 4 When does a person use public unleased land?—pt 3 s 41 am A2015-33 amdt 3.4 Offence—use public unleased land without permit s 43 am A2014-59 amdt 2.98, amdt 2.99; ss renum R4 LA; A2015-33 amdt 3.5; A2023-36 amdt 1.319 Public unleased land permit—application s 45 am A2014-47 s 15; A2014-59 amdt 2.100; A2017-4 amdt 3.164; A2023-52 amdt 1.55 What is suitability information about a person? s 47 am A2023-36 amdt 1.320 Suitability of people—further information about people s 48 am A2017-4 amdt 3.167 What is suitability information about an activity? s 50 am A2023-52 amdt 1.56, amdt 1.57; pars renum R18 LA Suitability of activities—further information about activity s 51 am A2017-4 amdt 3.167 Suitability of activities—other approvals s 52 am A2017-4 amdt 3.167 Suitability of activities—consultation with conservator s 52A ins A2014-59 amdt 2.101 Suitability of activities—public consultation s 53 am A2015-33 amdt 1.205; A2017-4 amdt 3.165 Suitability of activities—public consultation submissions s 54 am A2017-4 amdt 3.167 Suitability of activities—risk management plan s 55 am A2017-4 amdt 3.167 Suitability of activities—inspection of object s 56 am A2017-4 amdt 3.167 Public unleased land permit—decision on application s 57 am A2014-59 amdt 2.102; ss renum R4 LA; A2023-52 amdt 1.58 Public unleased land permit—term s 59 am A2015-33 amdt 3.6 Financial assurance condition—show cause s 62 am A2017-4 amdt 3.167 Financial assurance condition—notice before claim or realisation s 65 am A2017-4 amdt 3.167 R18 Public Unleased Land Act 2013 page 111 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 4 Amendment history Financial assurance condition—recovery of extra costs s 66 am A2017-4 amdt 3.167 Public unleased land permit—amendment initiated by director-general s 68 am A2017-4 amdt 3.165 Public unleased land permit—application for renewal of permit s 73 am A2016-18 amdt 4.9 Public unleased land permit—replacing when lost, stolen or destroyed s 75 am A2016-18 amdt 3.173, amdt 3.174 Public unleased land permit—surrender s 76 am A2016-18 amdt 3.175, amdt 3.176 Public unleased land permit—taking regulatory action s 81 am A2017-4 amdt 3.167 Public unleased land permit—immediate suspension s 82 am A2017-4 amdt 3.167 Direction to remove objects from public unleased land s 98 am A2014-32 s 12; A2017-14 s 47; A2019-39 s 46 Offence—hawkers obstructing or endangering public s 99A ins A2015-33 amdt 3.7 Emergency closure notice s 103 am A2017-4 amdt 3.167 Removal of objects by Territory s 105 am A2019-39 s 47, s 48; ss renum R13 LA Removal of non-compliant electoral advertising signs by Territory s 105A ins A2020-28 s 40 am A2023-43 s 86, s 87 Disposal of objects by Territory s 106 am A2017-4 amdt 3.167; A2020-28 s 41 Warrants—application made other than in person s 113 am A2018-33 amdt 1.59, amdt 1.60 Legislation amended—sch 2 s 133 om LA s 89 (3) Legislation repealed s 134 om LA s 89 (3) Transitional pt 20 hdg exp 1 July 2015 (s 205) Definitions—pt 20 s 200 exp 1 July 2015 (s 205) def commencement day exp 1 July 2015 (s 205) page 112 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Amendment history 4 Permissions to use closed road to be closed road approvals s 201 exp 1 July 2015 (s 205) Permissions to interfere etc be work approvals s 202 exp 1 July 2015 (s 205) Permissions to exhibit advertisements to be sign approvals s 203 exp 1 July 2015 (s 205) Old permits to be public unleased land permits s 204 exp 1 July 2015 (s 205) Expiry—pt 20 s 205 exp 1 July 2015 (s 205) Transitional—Red Tape Reduction Legislation Amendment Act 2015 pt 21 hdg ins A2015-33 amdt 3.8 exp 14 October 2018 (s 208) Meaning of commencement day—pt 21 s 206 ins A2015-33 amdt 3.8 exp 14 October 2018 (s 208) Hawkers licence s 207 ins A2015-33 amdt 3.8 exp 14 October 2018 (s 208) Expiry—pt 21 s 208 ins A2015-33 amdt 3.8 exp 14 October 2018 (s 208) Reviewable decisions sch 1 am A2020-28 s 42 Consequential amendments sch 2 om LA s 89 (3) Dictionary dict am A2015-33 amdt 1.206; A2023-36 amdt 1.321 def carries on business as a hawker ins A2017-4 amdt 3.166 def conservator ins A2014-59 amdt 2.103 def damage sub A2023-52 amdt 1.59 def land sublease ins A2015-19 s 113 sub A2023-36 amdt 1.322 def leased land ins A2023-52 amdt 1.60 def owner am A2015-19 s 114 def proposed new permit holder ins A2017-4 amdt 3.166 def protected tree ins A2023-52 amdt 1.60 def registered tree sub A2023-52 amdt 1.61 def reserve ins A2014-59 amdt 2.103 def tree damaging activity approval ins A2023-52 amdt 1.62 R18 Public Unleased Land Act 2013 page 113 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 4 Amendment history def tree protection approval om A2023-52 amdt 1.63 def wilderness area ins A2014-59 amdt 2.103 page 114 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Earlier republications 5 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication Effective Last Republication No and date amendment for made by R1 1 July 2013– not amended new Act 1 July 2013 20 Aug 2014 R2 21 Aug 2014– A2014-32 amendments by 21 Aug 2014 6 Nov 2014 A2014-32 R3 7 Nov 2014– A2014-47 amendments by 7 Nov 2014 10 June 2015 A2014-47 R4 11 June 2015– A2014-59 amendments by 11 June 2015 30 June 2015 A2014-59 R5 1 July 2015– A2015-19 amendments by 1 July 2015 1 July 2015 A2015-19 R6 2 July 2015– A2015-19 expiry of 2 July 2015 13 Oct 2015 transitional provisions (pt 20) R7 (RI) 14 Oct 2015– A2015-33 amendments by 18 Jan 2016 26 Apr 2016 A2015-33 reissue for textual correction in s 43 R8 27 Apr 2016– A2016-18 amendments by 27 Apr 2016 8 Mar 2017 A2016-18 R9 9 Mar 2017– A2017-4 amendments by 9 Mar 2017 29 Apr 2018 A2017-4 R10 30 Apr 2018– A2017-14 amendments by 30 Apr 2018 14 Oct 2018 A2017-14 R18 Public Unleased Land Act 2013 page 115 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 5 Earlier republications Republication Effective Last Republication No and date amendment for made by R11 15 Oct 2018– A2017-14 expiry of 15 Oct 2018 22 Oct 2018 transitional provisions (pt 21) R12 23 Oct 2018– A2018-33 amendments by 23 Oct 2018 31 Oct 2019 A2018-33 R13 1 Nov 2019– A2019-39 amendments by 1 Nov 2019 13 Nov 2019 A2019-39 R14 14 Nov 2019– A2019-42 amendments by 14 Nov 2019 8 July 2020 A2019-42 R15 9 July 2020– A2020-28 amendments by 9 July 2020 26 Nov 2023 A2020-28 R16 27 Nov 2023– A2023-36 amendments by 27 Nov 2023 28 Nov 2023 A2023-36 R17 29 Nov 2023– A2023-43 amendments by 29 Nov 2023 31 Dec 2023 A2023-43 page 116 Public Unleased Land Act 2013 R18 Effective: 01/01/24 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Expired transitional or validating provisions 6 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2024 R18 Public Unleased Land Act 2013 page 117 01/01/24 Effective: 01/01/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au