Page 2193 - Week 08 - Wednesday, 6 June 1990
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Mr Speaker, I now turn to a brief explanation of what the Bill will cover and how the procedures it describes will operate. The provisions of the Bill will control the various land use activities within the land planning regime. These controlled activities include the design and siting of buildings; activities which affect the requirements for the conservation of the heritage of places on the heritage places register; the demolition of buildings; the subdivision or consolidation of blocks; the use of residential land for business purposes, outside any parameters provided for under the Territory Plan; the display of signs or advertising material, outside any parameters provided for under the Territory Plan; variations to existing leases; and any activities for which a lease or the Territory Plan require that approval be granted.
Under this legislation, a person seeking to conduct a controlled activity would submit an application to an approval authority. While the draft Bill provides that the responsible Minister is the approval authority, in practice these powers would be delegated to various existing positions or authorities within the ACT Government Service. Their identity and organisational location would depend upon the manner in which the development approval system was organised at the time.
A single application could be made and considered in relation to a number of different controlled activities. For example, an applicant could seek design and siting approval at the same time as seeking approval for a lease variation. In considering the application, the approval authority would be required to consult other agencies and authorities to ensure that all relevant factors are taken into account. In this context the Bill provides for two categories of consultation.
Where a concurring authority is specified, that authority's agreement is needed before an application can be approved. Concurring authorities are specified in the schedule to the Bill; for example, before granting an approval for a lease variation, the approval authority would need the concurrence of the planning authority.
The approval authority may also need to seek the views of one or more commenting authorities in considering the application. Commenting authorities would vary according to the subject matter of the application and therefore, with one exception, are not specified in the legislation. The exception involves the Heritage Council, whose comments will be sought on all applications which relate to the requirements for the conservation of places in the heritage register.
In deciding to grant an approval, the approval authority will have to include any conditions required by the Territory Plan or by a concurring authority, and may also
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .