Australian Capital Territory National Land (Unleased) Ordinance 2022 (Cth)

Australian Capital Territory National Land (Unleased) Ordinance 2022

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.

Dated 31 March 2022

David Hurley Governor‑General

By His Excellency's Command

Nola Marino Assistant Minister for Regional Development and Territories Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Simplified outline of this Ordinance 5 Definitions 6 Application and administration of Ordinance 7 Interaction with Territory Acts 8 Administrative arrangements with Territory Part 2—Public roads Division 1—What is a public road? 9 Meaning of public road Division 2—Creation and alteration of public roads 10 Unleased National Land may be declared as public road 11 Fixing or changing level of public road 12 Identification of public road boundaries 13 Retrospective amendment of notifiable instruments under this Part 14 No liability in relation to alignment of public road Division 3—Temporary measures relating to public roads 15 Temporary closing of public roads 16 Approval to use temporarily closed public road 17 Use of temporarily closed public road without approval 18 Minister may make temporary public road Division 4—Permanent closure of public roads 19 Notice of intention to permanently close public road 20 Permanent closure of public road Division 5—No rights‑of‑way by user 21 No right‑of‑way by user against Commonwealth etc. Part 3—Protection and management of unleased National Land Division 1—Direction to carry out drainage works 22 Direction to construct surface water drain 23 Contravention of a drainage direction 24 Repair of damage and construction of drains by Minister Division 2—Damage to public National Land 25 Direction to repair damage to public National Land 26 Contravention of repair damage direction 27 Interference with or damage to Commonwealth property 28 Commonwealth may repair damage Division 3—Signs on or adjacent to public National Land 29 Placing of signs on or adjacent to public National Land Division 4—Trees and other plants affecting public National Land 30 Direction to prune tree etc. overhanging public National Land 31 Contravention of plant pruning direction 32 Pruning of tree etc. by Commonwealth 33 Direction to remove tree etc. endangering public safety on public National Land 34 Contravention of plant removal direction 35 Removal of tree etc. by Commonwealth Division 5—Removal and disposal of objects on unleased National Land 36 Object removal directions—unleased National Land 37 Object removal directions—exceptions 38 Removal of objects by the Commonwealth 39 Disposal of objects by the Commonwealth 40 Retention area Division 6—Temporary closing of public National Land to traffic 41 Minister may temporarily close public National Land to traffic Division 7—Emergency management 42 Emergency closure of permitted place 43 Contravention of emergency closure order Part 4—Use of public National Land Division 1—General 44 Use of public National Land—regulated activities 45 Use of public National Land for regulated activity without permit etc. 46 Contravention of condition of permit to use public National Land Division 2—Permits to use public National Land for regulated activities 47 Application for permit to use public National Land for regulated activities 48 Request for further information 49 Withdrawal of application 50 Decision on application for permit 51 Form and contents of permit 52 Application for renewal of permit 53 Replacement of lost, stolen or destroyed permit 54 Failure of permit holder to notify change of name or address 55 Rights of permit holder 56 Surrender of permit 57 Cancellation of permit Division 3—Licences of unleased National Land 58 Licences of unleased National Land 59 Use of land for licensed purpose 60 Minister's power to terminate licence 61 Steps before giving termination notice 62 Recovery of lands by Commonwealth 63 Evidence of ending of licence Part 5—Other activities on unleased National Land 64 Damage to fences, signs or markers 65 Leaving gates open 66 Damaging trees etc. 67 Earth etc. not to be taken without permit 68 No unauthorised camping on unleased National Land Part 6—Miscellaneous 69 Police powers 70 Delegation 71 Rule‑making power 72 NCA chief executive may prescribe fees 73 NCA chief executive may approve forms Part 7—Application, saving and transitional provisions 74 Transitional—definitions 75 Transitional—applications made before transition time 76 Transitional—actions under applied provisions 77 Transitional—old permits 78 Transitional—instruments other than old permits 79 Transitional—delegations 80 Transitional—continuing licences of unleased National Land