Page 462 - Week 02 - Thursday, 22 February 1990
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I now turn to the issue of appeals and the precise forum for hearing appeals. Appeals on the merits of administrative decisions taken under the land planning legislation will be available to affected or aggrieved parties with sufficient interest in the subject matter of a decision. These appeals will be heard by the ACT Administrative Appeals Tribunal, pending a comprehensive review of the ACT court system. However, decisions subject to disallowance in the Assembly, in some way carrying the authority of the Assembly, or where there had been an extensive inquiry or assessment process, would not be subject to appeal on the merits.
Any person will have standing to challenge decisions on the basis that legally required processes were not followed or that the decision was in some other way legally defective. Legal challenges will continue to be dealt with by the Supreme Court. The appeals rights provisions will strike a balance between the competing interests that are inevitably involved in planning matters.
The tabling of this draft legislation today demonstrates three very important things about the Alliance Government. Firstly, we are prepared to get on with the job. In its short time in office the Alliance Government has reviewed all the previous Government's proposals and has developed the land planning package to the extent that we are now able to table two Bills that form the major part of the overall package.
Secondly, I have already mentioned the Government's commitment to full public consultation in developing this legislation, and let me state now that I invite and welcome comments from members, from Assembly committees, from interested groups and individuals. Since public involvement will be integral to the processes of developing the plan itself, it is appropriate and proper that there should be an opportunity for genuine consultation on the legislation which will establish those processes.
Thirdly, this Government is prepared to address the hard contentious issues, such as betterment and appeals rights. These are the very sorts of issues on which the various parties which make up the Government could be expected to hold differing views, but in the interests of stable, responsible Government in the ACT, we have developed and released a comprehensive package of policies which reflect the approach that we have jointly adopted. In any alliance of different parties, certain compromises must be made in terms of policy and these we have agreed quickly and with ease. As a result, we were able to release our policy on land planning and development and leasehold management shortly after taking office in December last year, and this policy forms the basis of the land planning legislation package which I have described for you today.
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