Page 500 - Week 02 - Thursday, 22 February 1990
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Specific criticisms of a leasehold system that we inherited from the Commonwealth Government include: the need to ensure that developers pay a realistic price for the grant of additional development rights, that the new betterment proposals address that need in a fair and equitable manner; the need for public consultation at both the planning and leasing stages; and the need for a fair opportunity for members of the public to be informed in an open system and given an opportunity to appeal against matters which adversely affect them.
The best answer to such criticisms is to make the leasing system open and accountable. The lack of openness in the management of the existing system will be addressed under the new system, as I am sure the Leader of the Opposition would have found out had she read the documents that were handed out this morning. Also, contributing to making the process more accountable is the point that all land disposals and all grants of additional development rights will have to be done in accordance with policies published pursuant to the ACT (Planning and Land Management) Act and set out in the regulations to be made under Territory laws.
Let me turn now to allegations of weakness in lease administration in the ACT. Most errors and problems that have occurred can be attributed to the complexity of the existing law and the large number of Acts and ordinances. I quote once again from the ACT Administration's submission to the inquiry. At page 13, paragraph 6.9, it refers to a large number of ordinances, such as the Leases Ordinance 1918, Church Lands Leases Ordinance 1924, Leases (Special Purpose) Ordinance 1925, Mining Ordinance 1970, and the list goes on. It also mentions other statutes that have a bearing on how the leasing system operates; there are five of them. One of the problems that has developed over a period of Commonwealth control of the ACT is that a number of leasing administrations, Acts and ordinances have built up, and various governments of the day have not been prepared to bring them under some sort of control. The Alliance Government, as I know the previous Government was proposing to do, is going to do that.
Self-government has provided an opportunity for lease administrators to have much freer access to the responsible Minister than was previously the case. Since the Alliance Government came into office both the Chief Minister and I are able to provide guidance on Alliance policy to assist in resolving what are often complex decision making processes. Often the problem was that no-one was there to give the advice or the direction needed. That involvement by elected and accountable officials is yet another step in making the lease administration process accountable.
Under Alliance policy we are seeking to introduce new and accountable government. This is particularly necessary for lease administration if we are to avoid the repetitious allegations that are regularly aired by those wishing to express dissatisfaction with the leasehold system. I
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